LIBRARY 

OF  THE 

University  of  California. 

GIFT    OF 

^       ^,  ;  ^OOCUMENTIS 

Class  ^^^^ 


DEPARTMENT  OF  COMMERCE  AND  LABOR 

BUREAU  OF  NAVIGATION 


NAVIGATION  LAWS  OF  THE 
UNITED  STATES 


1911 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1911 


•      •   •    •■*  •*•  »•»•••   •        •       • 


^ 


NAVIGATION  LAWS  OF  THE  UNITED  STATES. 


Department  of  Commerce  and  Labor, 

Bureau  of  Navigation, 
'Washington,  D.  (7.,  Mmj  18, 1911. 

Sir:  The  edition  of  the  Navigation  Laws  for  1911  has  been  pre- 
pared in  substantially  the  same  form  as  the  editions  of  1895,  1899, 
1903,  and  1907,  which  proved  to  be  convenient  for  the  iise  of  collectors 
of  customs,  shipping  commissioners,  the  masters,  owners,  and  agents 
of  vessels,  seamen,  and  others  directly  interested  in  vessels,  their  offi- 
cers, crews,  passengers,  and  cargo. 

As  in  the  four  former  editions,  the  effort  has  been  made  to  include 
in  this  volume  only  laws  actually  in  force.  Where  sections  of  the 
Kevised  Statutes  or  other  laws  have  been  specifically  repealed  or 
amended  by  subsequent  legislation  the  repealed  portions  of  the  law 
are  omitted,  and  the  present,  not  the  original,  reading  of  amended 
sections  is  adopted. 

The  effort  has  been  made  to  confine  the  law  included  in  this  volume 
to  the  navigation  law,  meaning  by  that  term  the  law  relating  to  ves- 
sels, with  which  owners,  masters,  and  agents  should  be  acquainted. 
The  line  between  this  law  and  the  customs  law  is  not  always  clearly 
defined.  The  laws  directly  relating  to  duties  on  imports  and  to  in- 
voices are  not  included  in  this  volume,  while  those  relating  to  entry, 
clearance,  manifests,  and  transportation  by  water  have  been  com- 
prised within  its  limits.  The  respective  jurisdictions  of  the  Secretary 
of  the  Treasury  and  the  Secretary  of  Commerce  and  Labor  are  more 
clearly  defined  than  when  the  edition  of  1903  was  issued. 

To  reduce  the  size  of  the  book,  some  parts  and  paragraphs  for- 
merly published  have  been  omitted.  Thus,  the  part  entitled  "  Slave 
Trade"  is  not  included,  as  the  evil  against  which  the  laws  were 
directed  has  ceased.  The  part  entitled  "  Chinese  Immigration  "  is 
also  omitted,  as  very  few  vessels  carry  Chinese  immigrants,  and  for 
the  use  of  such  a  special  pamphlet  is  available. 

The  scheme  of  arrangement  will  appear  from  the  table  of  con- 
tents. The  law  has  been  divided  into  large  divisions  by  subjects, 
called  parts,  while  these  parts  have  been  subdivided  into  headed 

paragraphs. 

3 


4  NAVIGATION   LAW^'  0^   THE  UNITED   STATES. 

For  fui-tii^^'cbiitemeiicebf  reference  is  published  a  table  of  laws, 
giving  liie  sections  of  the  Bevised  Statutes  and  subsequent  laws  which 
have  been  included  in  this  compilation,  the  date  of  enactment  and 
amendment,  together  with  the  page  of  this  compilation  on  which 
they  may  be  found.  The  table  of  laws  may  be  found  at  the  end  of 
the  volume,  together  with  the  usual  alphabetical  index.  A  marginal 
reference  gives  the  number  of  the  section  of  the  Kevised  Statutes 
included  in  each  paragraph,  or  the  date  and  section  of  the  act,  if 
enacted  subsequent  to  the  Revised  Statutes,  with  the  date  of  amenda- 
tory acts  which  have  been  incorporated,  if  practicable,  in  the  para- 
graph. Where  reference  is  made  in  a  paragraph  to  a  title  or  chap- 
ter of  the  Revised  Statutes  the  numbers  of  the  sections  comprised 
in  such  title  or  chapter  have  been  printed  in  brackets.  Reference  to 
the  table  of  laws,  at  the  end  of  the  volume,  will  show  which  of  those 
sections  have  been  included  in  this  volume  as  pertinent  or  in  force, 
and  will  also  show  the  page  where  they  may  be  found.  Fees,  payable 
by  the  masters  and  owners  of  vessels  of  the  United  States,  were  in 
most  instances  abolished  in  1886  and  1890,  and  accordingly  the  stat- 
utes imposing  such  fees  are  not  retained  in  this  compilation,  though 
they  furnish  a  basis  on  which  officers  are  compensated  from  the 
Treasury  for  services. 

Respectfully,  Eugene  Tyler  Chamberlain, 

C  OTtimissloiier, 

To  Hon.  Charles  Nagel, 

Secretary  of  Cominerce  a7id  Labor, 


OOl^TEE^TS. 


Part  I. — Vessels. 

Page. 

1.  Definition  of  vessel 15 

2.  Vessels  of  the  United  States . 15 

3.  Registered  vessels 15 

4.  Whaling    vessels 16 

5.  Enrolled  and  licensed  vessels 16 

6.  Licensed  vessels  under  20  tons 16 

7.  Undocumented  vessels 17 

8.  Yachts 1" 

9.  Official    number 19 

10.  Name  of  vessel 20 

11.  Change  of  name 20 

12.  Draught 21 

Part  II. — Measurement. 

13.  Measurement 22 

14.  Gross  tonnage 23 

15.  Deck-houses,  breaks,  etc 25 

16.  Hatchways 25 

17.  Between-decks 25 

18.  Open  vessels 26 

19.  Water  ballast 26 

20.  Net  tonnage 26 

21.  Crew  accommodations 26 

22.  Deductions  for  other  purposes 28 

23.  Deductions  for  propelling  power 28 

24.  Register  tonnage 29 

25.  Appendix  of  measurement ^0 

26.  Vessels  exempt  from  measurement 30 

27.  Measurement  of  foreign  vessels 31 

Part  III. — Documents  of  vessels. 

28.  Carpenter's  certificate 32 

29.  Oath  of  owner 32 

30.  Master's  oath  of  citizenship 33 

31.  Place  of  registry 33 

32.  Form  of  register : 35 

33.  Custody  and  surrender  of  register 3b 

34.  Registers  to  corporations 37 

35.  Change  of  owner 38 

36.  Change  of  build 38 

37.  Change  of  master 38 

38.  Mortgage  and  bill  of  sale— 39 

39.  Sale  to  alien ^^ 

5 


6  CONTENTS. 

Page. 

40.  Loss  of  register 40 

41.  Failure  to  deliver  former  register 41 

42.  Cancellation  of  register 41 

43.  Special  registry  law  {tfew  York  and  Paris  act) 42 

44.  riiange  of  trade 48 

45.  Method  of  enrollment  and  license 43 

46.  Oath  of  master  and  owner 44 

47.  Fees 44 

48.  Form  of  enrollment 44 

49.  Form  of  license 45 

50.  Duration  of  license 46 

51.  Surrender  of  license 46 

52.  Enrollment  and  license  to  corporations 47 

53.  Change  of  owner 48 

54.  Change  of  master 48 

55.  Certilication  by  customs  officer 48 

56.  Enrollment  outside  of  district 48 

57.  Special  provisions  for  enrollment  aud  license 49 

58.  Inspection  of  enrollment  and  license 50 

59.  Kecord  of  American-built  vessels  owned  by  aliens 50 

60.  Offenses  against  the  registry  law 52 

61.  Offenses  against  enrollment  and  license  laws 53 

Part  IV. — Officers  of  merchant  vessels. 

62.  Citizenship  of  officers 54 

63.  Duration  of  licenses ~  54 

64.  Service  during  war ~  55 

65.  Officer's  license ~  55 

66.  Master's  license ~ ~  53 

67.  Mate's  license ~_~ ~~~  5(5 

68.  Engineer's  license ~_~~  5^ 

69.  Pilot's  license ~  57 

70.  Master  or  mate  acting  as  pilot ~~  57 

71.  Oath  of  officer ""  57 

72.  Removal  of  master ~~  53 

Part  V. — Merchant  seamen. 

73.  Definitions . 5q 

74.  Exemptions  from  militia  duty ~~~3  59 

75.  Naturalization  and  citizenship  of  seamen "__  ~  cO 

76.  Shipping   officers ""  (jq 

77.  Illegal   shipments "  g-j^ 

78.  Owners  or  masters  may  ship  seamen  in  certain  cases _~  6'> 

79.  Apprentices ~    ""  "  ^^ 

80.  Agreement  to  ship  in  foreigntrade II__"  63 

81.  Period  of  engagement "J ~  g^ 

82.  Penalty  for  shipment  without  agreement ~_"  05 

83.  Undermanning '_  __' ""_    *  gg 

84.  Shipment  in  foreign  ports  before  consuls "   '  rk 

85.  Crew  list IIIir'IZZ'"ZZ'II  66 

86.  Failure  to  produce  crew ZZZZ Z     __  Z__Z_„  66 

87.  Papers  relating  to  crew ZZ__Z 67 

88.  Shipment  of  seamen  in  the  coasting  or  near-by  foreign  trade ~  68 

89.  Agreement  in  coasting  trade  not  before  commissioner ~  69 

90.  Agreement  with  fishermen Z^_Z~~  70 

91.  Discharge  in  foreign  trade "_ ~"  70 

92.  Discharge  in  foreign  ports ~                   "  -^ 

93.  Wages zz__zzzzzzzzzzzzzzzzzzzzzzz~z  ^i 

94.  Vessels  exempt  from  libel  for  wages "  70 

95.  Advances  and  allotments  of  wages ~  70 

96.  Wages  and  clothing  exempt  from  attachment Z ~~  79 

97.  Desertion  of  seamen  abrojul ""  gQ 

98.  Desertion  of  foreign  seamen  in  the  United  States ~  80 

99.  Arbitration    before   shipping-commissioner ~  gi 


CONTENTS.  7 

Page. 

100.  Soliciting  lodgers___ 81 

101.  Return  of  seamen  from  foreign  ports,  Alaska,  and  insular  ports 82 

102.  Effects  of  deceased  seamen 83 

103.  Offenses  and  punishments 86 

104.  Corporal  punishment  prohibited 89 

105.  Procedure 89 

106.  Form  of  articles  of  agreement 90 

107.  Account  of  apprentices 91 

IC'8.  Scale  of  provisions 92 

109.  Certificate  of  discharge 93 

110.  Sick  and  disabled  seamen 93 

111.  Jurisdiction  over  American  seamen  in  foreign  ports  and  foreign  sea- 

men in  American  ports 94 

112.  Seamen's  witness  fees 96 

Paet  VI. — Seaworthiness,  supplies,  log-book. 

113.  TJnseaworthy  vessels 98 

114.  Inspection  of  hulls  and  equipment 98 

115.  Seagoing  barges 99 

116.  Inspection  of  seaworthiness  at  domestic  ports 100 

117.  Inspection  of  seaworthiness  at  foreign  ports 102 

118.  Provisions  and  water 103 

119.  Weights  and  measures 105 

120.  Medicines  and  anti-scorbutics 105 

121.  Slop-chest 105 

122.  Warmth  and  clothing 106 

123.  Log-book 106 

Part  VII. — Liability  of  owners,  masters,  and  shippers. 

124.  Liability  of  owners,  masters,  and  shippers 108 

125.  Act  of  February  13,  1893  (Harter  Act) 110 

126.  General  libel  bond 111 

Part  VIII. — Inspection  of  steam  vessels. 

127.  General  provisions 113 

128.  Inspection  of  registered  foreign-built  vessels 118 

129.  Manning  of  inspected  vessels 118 

130.  Inspection  of  hulls  and  equipment 119 

131.  Inspection  of  boilers 119 

132.  Loading  safety-valve 122 

133.  Water-tight    bulkheads 123 

134.  Life-boats,  lines,  and  preservers 123 

135.  Stairways  and  deck  room 125 

136.  Wire  tiller  ropes 125 

137.  Protection  against  fire 125 

138.  Inflammable  or  explosive  cargo 127 

139.  Carriage  of  passengers 132 

140.  Certificate  of  inspection 133 

141.  Exhibit  of  laws 135 

142.  Inspectors  and  officers  of  steam-vessels 135 

143.  Liability  for  damage 137 

144.  Enforcement  and  penalty 137 

Part  IX. — Passenger  act  of  1882. 

145.  Accommodations 138 

146.  Light  and  air 141 

147.  Provisions J12 

148.  Medical    attendance ''•12 

149.  Discipline  and  cleanliness 113 

150.  Privacy  of  passengers I'll 

151.  Explosives;    cattle HI 

152.  Boarding  vessel;  passenger  list 145 


8  CONTENTS. 

Page. 

153.  Death  of  passenger 146 

154.  Inspection 146 

155.  Penalties 147 

Part  X. — General  pilot  laws. 

156.  General  pilot  laws 148 

Part  XI. — Tonnage  tax. 

157.  Rates  of  tax 150 

158.  Exemptions  from  tonnage  tax 150 

159.  Discriminating  tonnage  taxes 151 

160.  Alien   tonnage  taxes 152 

161.  Light  money 152 

162.  Consular  tonnage  charges 153 

163.  Refund  of  tonnage  tax 153 

Part  XII. — Discrimination  and  retaliation. 

164.  Discrimination  against  American  A^essels 154 

165.  Discrimination  against  American  fishing  vessels 154 

166.  Discrimination  against  products  of  the  United  States 156 

167.  Discrimination  on  Canadian  canals : 156 

168.  Vessels  of  nations  not  assimilated  by  treaty  to  American  vessels 157 

169.  I>iscriminating  duties 158 

Part  XIII. — Entry  and  clearance. 

170.  Clearance 159 

171.  Masters  oath 159 

172.  Form  of  outward  manifest 160 

173.  Form  of  cleirance 161 

174.  State  insi)ection  laws 161 

175.  IManifests  in  Alaskan  and  insular  trade 161 

176.  Bullion  and  coin 161 

177.  Live-oak  timber 162 

178.  Fe?s 162 

179.  Enrolled  and  licensed  vessels  in  foreign  trade 162 

180.  Oath  of  ownership  on  entry 163 

181.  Deposit  of  papers 164 

182.  War  documents,  passports,  sea  letters 165 

183.  Illegal  boarding  of  vessel 166 

Part  XIV. — Customs  laws  directly  relating  to  vessels. 

184.  Boarding  and  search  of  vessel , 167 

185.  Seizure  of  vessels  or  merchandise 168 

186.  Exemption  from  forfeiture 171 

187.  Procedure  in  cases  of  fines,  penalties,  and  forfeiture 171 

188.  Moieties,  informers'  and  customs  officers'  awards 172 

189.  Procedure 174 

190.  Oaths  of  masters  and  owners 176 

Part  XV. — Entry  of  merchandise. 

191.  Definitions I77 

192.  Ports  of  entry ~_ ZI"I  178 

193.  Vessels  bound  to  port  of  delivery ~ 173 

194.  Report  and  declaration  of  master ~"  173 

195.  Special  inward  manifest  for  Treasury  Department I79 

196.  Cargo  in  bulk ISO 

197.  Bond  of  cargo  for  re-export ~  180 

198.  Inspection  of  merchandise  laden  for  export II :181 

199.  Transfer  of  imported  merchandise  for  export 181 

200.  Delivery  of  cargo  in  various  districts III_II  181 

201.  Vessels  exempt  from  entry 182 


CONTENTS.  9 

Page. 

202.   Vessels  exempt  from  certain  charges 183 

€04.   Sea-stores 183 

205.  Coal 184 

206.  Baggage  and  tools  of  trade 184 

207.  Marks,  brands,  and  trade-marks 185 

208.  Cigars 186 

209.  Oaths 186 

210.  Inward  manifests 186 

211.  Inspection  of  inward  manifest  by  boarding  officer 188 

212.  Entry  of  merchandise  at  special  ports 190 

213.  Clearance  at  special  ports 105 

214.  Entry  of  merchandise  for  different  port  of  destination 195 

215.  Comparison  of  cargo  and  manifest 196 

216.  Illegal  milading 196 

217.  Special  permit  to  unlade  by  night  and  preliminary  entry 197 

218.  Unlading  by  day 199 

219.  Supervision  of  unlading 200 

220.  Limit  of  time  for  unlading 202 

221.  Unlading  of  wines  and  spirits 202 

222.  Post  entry 203 

223.  Returns  of  unlading  of  cargo 203 

224.  Vessels  in  distress 204 

225.  Obstruction  by  ice 205 

226.  Unlawful  removal  of  bonded  merchandise 206 

227.  Transportation  in  bond 206 

228.  Transportation  to  special  ports 207 

229.  Immediate  delivery 209 

230.  Immediate  transportation 209 

231.  Salvage  of  merchandise 213 

232.  Fraudulent  importation  of  merchandise 213 

233.  Bribery  and  solicitation  of  bribes 214 

234.  Express  packages 214 

235.  Liens  for  freight  or  general  average 216 

Part  XVI. — Tariff  provisions  dirfxtly  relating  to  vessels. 

236.  Coal 217 

237.  Shipbuilding  materials 217 

238.  Materials  for  repairs 218 

239.  Sunken  merchandise 218 

240.  Supplies 218 

241.  Sea  stores  and  equipment ^19 

Part  XVII.— Consuls'  services  to  vessels. 

242.  Consuls'  services  to  vessels 220 

243.  Naval  officer  acting  as  consul 221 

Part  XVIII. — Commerce  with  contiguous  countries. 

244.  Size  of  foreign-trade  vessels 222 

245.  Evasion  of  coasting  laws  on  the  lakes  and«  frontiers 222 

246.  Inward  manifests 223 

247.  Customs  inspection 224 

248.  Customs  seals  on  frontier 224 

249.  Transfer  of  cargo  ^ 22(> 

250.  Sea-stores 22f. 

251.  Saloon  stores 227 

'252.   Duties  on  repairs 22<^ 

253.  Entry  from  one  district  to  another 2LN 

254.  Discharging  cargo  and  passengers 2.30 

255.  Steam  tugs 230 

256.  Forms  and  penalties -;;'_' 

257.  Touching  at  foreign  ports 2.30 

258.  Foreign  merchandise  coastwise 231 

259.  Special  provisions  for  British  North  America 231 


10  CONTENTS. 

Part  XIX. — Domestic  commerce. 

Page. 

260.  Great  districts 232, 

261.  Clearance  within  a  great  district 232 

262.  Entry  within  a  great  district 233 

263.  Coasting  trade  via  Isthmus  of  Panama 234 

264.  Clearance  for  another  great  district 234 

265.  Entry  to  another  great  district 235 

266.  lixemption  on  the  Mississippi  and  tributaries 230 

267.  Vessels  with  domestic  cargo 236 

268.  Registered  vessels  in  the  coasting-trade 238 

269.  Report  by  master . 238 

270.  Foreign  vessels  barred  from  coasting-trade 238 

271.  Immediate  exportation  to  foreign  port 238 

272.  Foreign  vessels  on  coasting  voyages 239 

273.  Foreign  tug-boats 239 

274.  Penalties  for  violation  of  coasting  laws 240 

275.  Forfeiture  of  vessel  and  merchandise 241 

Part  XX. — Trade  with  Hawaii. 

276.  General  provisions 242 

277.  Registry  of  vessels  and  coasting  trade 242 

278.  Quarantine  and  public  health 242 

279.  Fisheries 243 

280.  Wharves,  harbors,  pilots 243 

281.  Seamen's  laws 244 

Part  XXI. — Trade  with  Porto  Rico. 

282.  General  provisions 245 

283.  Registry  of  vessels  and  coasting  trade 245 

284.  Quarantine  and  public  health 246 

285.  Harbors  and  navigable  waters 246 

286.  Wharves  and  piers 247 

Part  XXII. — Trade  with  the  Philippines. 

287.  Treaty  of  peace 248 

288.  General   provisions 248 

289.  Vessels  and  coasting  trade 249 

290.  Tariff  and  internal  revenue 250 

291.  Aids  to  navigation  and  commerce 252 

Part  XXIII. — Trade  with  Alaska. 

292.  Coasting  laws 254 

293.  Firearms  and  liquor 254 

294.  Special  licenses,  and  wharf  charges 254 

295.  Transfer  of  cargo 2.55 

296.  Yukon  and  Stikine  river  trade 255 

297.  Procedure 255 

298.  Pribilof,  St.  Paul,  St.  George,  Walrus,  and  Otter  islands  and  Sea 

Lion  Rock 1 255 

299.  Transit  in  bond 256 

300.  Crimes  and  penalties 256 

Part  XXIV. — Seal-hunting  and  Alaska  fisheries. 

301.  Act  of  December  29,  1897,  as  amended 258 

302.  Act  of  April  6.  1894 3  259 

303.  Pribilof  Islands  seals 262 

304.  Provisions  of  Revised  Statutes 263 

305.  Report  to  Congress 264 

306.  Alaska  fisheries ~  264 

307.  Alien  fishermen  in  Alaska 268 


CONTENTS.  11 

Part  XXV. — Quarantine  and  bills  of  health. 

Page. 

308.  Consular  bill  of  health 271 

309.  Quarantine  regulations 272 

310.  Quarantine  inspection 274 

311.  Quarantine  anchorage 274 

312.  Suspension  of  commerce 275 

313.  Penalties 276 

314.  State  health  laws 276 

315.  Removal  of  cargo 277 

316.  Removal  of  custom-house 278 

317.  National  quarantine 278 

Part  XXVI. — Immigration. 

318.  Head  tax 281 

319.  Insular  territory 282 

320.  Excluded  class^es 282 

321.  Contract  labor 285 

322.  Assisted  immigrants 285 

323.  Illegal  landing 286 

324.  Diseased  immigrants 286 

325.  Manifest  of  aliens 287 

326.  Inspection  of  aliens 290 

327.  Detention  on  board 291 

328.  Deportation 291 

329.  Public  charges 293 

330.  Frontier  inspection 29.3 

331.  Scope 293 

332.  Place  of  deportation 294 

333.  Place  of  entry 294 

334.  Special  classes 294 

335.  Anarchists 294 

336.  Foreign  officials 295 

337.  Miscellaneous 295 

338.  Immigration  to  Philippines 296 

339.  Registry  and  naturalization  of  immigrants 296 

Part  XXVII. — Ocean  mail  service. 

340.  Ocean  mail  act  of  1891 297 

341.  General  ocean  mail  service 300 

Part  XXVIII.— Wrecks. 

342.  Report  of  wrecks 304 

343.  Canadian  wrecks 305 

344.  Wrecks  in  foreign  waters 305 

345.  Wrecks  in  Florida  waters 306 

Part  XXIX. — Revenue  cutters. 

346.  Revenue  cutters 307 

Part  XXX. — Remission  of  fines  and  penalties. 

347.  Remission  of  fines  and  penalties 309 

Part  XXXI. — Cattle,  live  stock,  and  dairy  trade. 

348.  Regulation  of  cattle  ships 311 

349.  Inspection  of  live  stock  and  meat  products 311 

350.  Horses  and  horse  meat 313 

351.  Diseased  cattle 314 

352.  Quarantine  of  live  stock 314 

353.  Exportation  of  diseased  live  stock 315 

354.  Care  of  cattle  in  domestic  trade 317 

355.  Neat  cattle 319 

356.  Inspection  of  butter  and  dairy  products 320 


12  CONTENTS, 

Part  XXXII. — Adulterated  products. 

Pajie. 

357.  General   provisions . 322 

358.  Adulterated  food  products 322 

Part  XXXIII. — Opium  trade. 

359.  Opium  trade 32G 

Part  XXXIV. — Rules  to  prevent  collisions. 

560.  Duty  to  stay  by 328 

561.  Motor  boat  law 320 

362.  International  rules  of  1897 331 

363.  Consideration  of  future  rules 345 

364.  Inland  rules  of  1897 345 

365.  Limits  of  application  of  international  and  inland  or  local  rules 356 

366.  Rules  for  the  Great  Lakes  and  the  St.  Lawrence  River 360 

367.  Rules  for  the  Red  River  of  the  North  and  rivers  emptying  into  Gulf 

of  Mexico 366 

368.  River   navigation 371 

369.  liules  for  the  St.  Marys  River 372 

370.  Regattas  and  marine  parades 372 

Part  XXXY. — Aids  to  navigation. 

371.  Assistance  by  United  States  vessels 374 

372.  Removal  of  derelicts 374 

373.  Lights  and  buoys 375 

374.  Nautical   Almanac 375 

375.  Charts  and  manuals 375 

376.  Storm  and  weather  signals 376 

377.  Meridians 37G 

378.  Private  signals 370 

379.  Interference  with  range  lights 377 

380.  Exemption  from  tolls 377 

Part  XXXYI. — Obstructions  to  navigation. 

381.  Improvements  by  private  or  municipal  corporations 378 

382.  Bridges,  dams,  dikes 378 

383.  General   obstructions 384 

384.  Harbor  lines 384 

385.  Penalties 385 

386.  Dumping  into  navigable  waters^ '385 

387.  Impairing  public  works 387 

388.  Obstructing  channels 387 

389.  Log  regulations 888 

390.  Penalties 389 

391.  Bridge    spans 390 

392.  Bridge  piers  and  abutments 391 

393.  Drawbridges 391 

394.  Sunken  wrecks 392 

395.  Speed  of  vessels — Navigation  of  canals 394 

396.  Potomac  River 394 

397.  Mississippi  River  passes 395 

Part  XXXVIL— New  York  Harbor. 

398.  New  York  Harbor 396 

Part  XXXYIII. — Anchorage  grounds. 

399.  New  York  Bay 401 

400.  Chicago   Harbor 401 

401.  Kennebec   River 402 


CONTENTS.  13 

Part  XXXIX. — Offenses   against  neutrality. 

Page. 

402.  Offenses  against  neutrality 403 

Part  XL. — Guano  islands. 

403.  Guano  islands . 407 

Part  XLI. — Miscellaneous. 

404.  Life-saving  medals 400 

405.  Rescuing  shipwrecked  American  seamen 410 

406.  School-ships 410 

407.  Instruction  at  military  schools 411 

408.  Instruction  in  shipbuilding 412 

409.  Naval  Militia 412 

410.  North  Atlantic  fisheries 413 

411.  Supplies  for  foreign  war  vessels 413 

412.  Navy  ration 414 

413.  Coal  and  war  materials 415 

414.  Mines,  torpedoes,  and  harbor  defenses 415 

415.  Sale  of  arms  and  liquors  to  Pacific  islanders 415 

416.  Panama  Canal 416 

417.  Great  Lakes-Atlantic  Canal 420 

418.  Great  Lakes'  levels 421 

419.  Employment  of  vessels  of  the  United  States  for  public  purposes 421 

420.  Exemption  of  private  property  at  sea 422 

421.  Hospital  ships 422 

422.  Sponge  fishing 422 

423.  Protection  of  sponge  fisheries 423 

424.  Liens  on  vessels 423 

425.  Wireless  equipment  on  passenger  vessels 424 

426.  Enforcement  of  navigation  laws 425 

427.  Licensing  of  custom-house  brokers 425 

Part  XLI  I. — Legal  procedure. 

428.  Seizure 427 

429.  Summary  trial 429 

Part  XLI II.— Crimes. 

430.  Place  of  trial 431 

431.  Murder 432 

432.  Manslaughter 432 

433.  Assault 432 

434.  Rape 43d 

435.  Seduction 4dd 

436.  Death  from  negligence,  misconduct,  etc 433 

437.  Mayhem 433 

438.  Robbery 4o4 

439.  Arson j'^ 

440.  Larceny ^;** 

441.  Receiver  of  stolen  property '^i- 4 

442.  Miscellaneous  offenses 4.3o 

443.  Forgery 435 

444.  Ill  treatment  of  crew 4dD 

445.  Mufiny 43b 

446.  Abandonment  of  seamen ^db 

447.  Barratry 4ob 

448.  Wrecking ^^1 

449.  Plundering  vessel J^^ 

450.  Grimes  on  the  Great  Lakes 4d» 


Part  XlilV.— Piracy. 

451.  Piracy 439 

452.  Crimes  deemed  piracy **^ 


14  CONTENTS. 

Part  XLV. — Pkotection  of  submarine  cables. 

Page. 

453.  Protection  of  submarine  cables 442 

Part  XLVI. — Administrative  and  executive  offices. 

454.  Department  of  Commerce  and  Labor 445 

455.  Bureau  of  Navigation 449 

456.  Shipping  commissioners 450 

457.  Customs  officers 452 

458.  Steamboat-Inspection  Service 459 

459.  Public  Health  and  Marine-Hospital  Service 464 

460.  Immigration  and  Naturalization  Bureau 466 

461.  Life-Saving  Service 469 

462.  Revenue-Cutter  Service 474 

463.  Bureau  of  Light-Houses 474 

464.  Treasury  agents 478 

465.  Alaska  seal  agents 479 

466.  Coast  and  Geodetic  Survey 480 

467.  District  court  commissioners 481 

468.  Unauthorized  services 482 

Part  XLVII. — Fees  payable  by  private  persons. 

469.  Fees  on  vessels  payable  by  private  persons 484 

Part  XLVIII. — Customs  districts,  ports,  and  subports. 

470.  Customs  districts  and  ports  of  entry  and  delivery 489 

471.  Power  to  designate  ports  and  subports 497 

Part  XLIX. — Consulates  of  the  United  States. 

472.  Consulates  of  the  United  States 499 

Indexes. 

Tables  of  laws  included  in  this  volume: 

1.  Revised  Statutes  and  amendments 503 

2.  Acts  subsequent  to  Revised  Statutes 513 

Alphabetical  index 521 


Paet  T.— vessels. 


1.  Definition  of  vessel. 

2.  Vessels  of  the  United  States. 

3.  Registered  vessels. 

4.  Whaling  vessels. 

5.  Enrolled  and  licensed  vessels. 

6.  Licensed  vessels  under  twenty  tons. 

1.   Definition  of  vessel. 


7.  Undocumented  vessels. 

8.  Yachts. 

9.  Official  number. 

10.  Name  of  vessel. 

11.  Change  of  name. 

12.  Draught. 


R.  S.,  3. 


The  word  "  vessel  "  includes  every  description  of  water- 
craft  or  other  artificial  contrivance  used  or  capable  of 
being  used  as  a  means  of  transportation  on  water. 

2.  Vessels  of  the  United  States. 

Vessels  registered  pursuant  to  law  and  no  others,  except  R.  s.,  4i3i. 
such  as  shall  be  duly  qualified  according  to  law  for  carry- 
ing on  the  coasting  or  fishing  trade,  shall  be  deemed  ves- 
sels of  the  United  States,  and  entitled  to  the  benefits  and 
privileges  appertaining  to  such  vessels;  but  no  such  ves- 
sel shall  enjoy  such  benefits  and  privileges  longer  than  it 
shall  continue  to  be  wholly  owned  by  a  citizen  or  citizens 
of  the  United  States  or  a  corporation  created  under  the 
laws  of  any  of  the  States  thereof,  and  be  commanded  by 
a  citizen  of  the  United  States.  And  all  the  officers  of  ^^y  28,  1896. 
vessels  of  the  United  States  who  shall  have  charge  of  a 
watch,  including  pilots,  shall  in  all  cases  be  citizens  of  the 
United  States.  [See  also  qualifications  of  officers,  page 
54.] 

No  vessel  which  has  been  recorded  or  registered  as  an  ^-  S-'  ^^^s. 
American  vessel  of  the  United  States,  pursuant  to  law, 
and  which  Avas  licensed  or  otherwise  authorized  to  sail 
under  a  foreign  flag,  and  to  have  the  protection  of  any 
foreign  government  during  the  existence  of  the  rebellion, 
shall  be  deemed  or  registered  as  a  vessel  of  the  United 
States,  or  shall  have  the  rights  and  privileges  of  vessels 
of  the  United  States,  except  under  provisions  of  law  espe- 
cially authorizing  such  registry. 

3.  Registered  vessels. 

Vessels  built  within  the  United  States,  and  belonging  R.  s.,  4132. 
wholly  to  citizens  thereof,  and' vessels  which  may  be  cap- 
tured in  war  by  citizens  of  the  United  States,  and  law- 
fully condemned  as  prize,  or  which  may  be  adjudged  to 
be  forfeited  for  a  breach  of  the  laws  of  the  United  States, 
being  wholly  owned  by  citizens,  and  no  others,  may  be 
registered  as  directed  in  this  title  [R.  S.,  4131-4305]. 

15 


16 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


R.  s.,  4165.  ^  vessel  registered  pursuant  to  law,  which  by  sale  has 
^ec"^  10  ^^^^  become  the  property  of  a  foreigner,  shall  be  entitled  to  a 
new  register  upon  afterwards  becoming  American  prop- 
erty, unless  it  has  been  enlarged  or  undergone  change  in 
build  outside  of  the  United  States. 
4.  Whaling'  vessels. 
R.  s.,  4339.  All  vessels  which  may  clear  with  registers  for  the  pur- 
pose of  engaging  in  the  whale  fishery  shall  be  deemed  to 
have  lawful  and  sufficient  papers  for  such  voyages,  secur- 
ing the  privileges  and  rights  of  registered  vessels,  and  the 
privileges  and  exemptions  of  vessels  enrolled  and  licensed 
for  the  fisheries. 


R.  S.,  4311. 


E.  S.,  4316. 


E.  S.,  4317. 


E.  S.,  4318. 


R.  S.,  4331. 


5.  Enrolled  and  licensed  vessels. 

Vessels  of  twenty  tons  and  upward,  enrolled  in  pursu- 
ance of  this  Title  [R.  S.,  4311-4390],  and  having  a  license 
in  force,  or  vessels  of  less  than  twenty  tons,  which, 
although  not  enrolled,  have  a  license  in  force,  as  required 
by  this  Title,  and  no  others,  shall  be  deemed  vessels  of  the 
United  States  entitled  to  the  privileges  of  vessels  em- 
ployed in  the  coasting-trade  or  fisheries. 

Any  steamboat  employed  or  intended  to  be  employed 
only  in  a  river  or  bay  of  the  United  States,  owned  wholly 
or  in  part  by  an  alien  resident  within  the  United  States, 
may  be  enrolled  and  licensed,  as  if  the  same  belonged  to  a 
citizen  of  the  United  States,  subject  to  all  the  provisions 
of  this  Title  [R.  S.,  4311-4390],  except  that,  in  such  case, 
no  oath  shall  be  required  that  the  boat  belongs  to  a  citizen 
of  the  United  States. 

Such  resident  alien,  owner  of  any  steamboat,  upon 
application  for  enrollment  or  license,  shall  give  bond  to 
the  collector  of  the  district,  for  the  use  of  the  United 
States,  in  the  penalty  of  one  thousand  dollars,  with  suffi- 
cient surety,  conditioned  that  the  boat  shall  not  be  em- 
ployed in  other  waters  than  the  rivers  and  bays  of  the 
United   States. 

Any  vessel  of  the  United  States,  navigating  the  waters 
on  the  northern,  northeastern,  and  northwestern  frontiers, 
otherwise  than  by  sea,  shall  be  enrolled  and  licensed  in 
such  form  as  other  vessels;  such  enrollment  and  license 
shall  authorize  any  such  vessel  to  be  employed  either  in 
the  coasting  or  foreign  trade  on  such  frontiers,  and  no 
certificate  of  registry  shall  be  required  for  vessels  so  em- 
ployed. Such  vessel  shall  be,  in  every  other  resi:)ect,  liable 
to  the  regulations  and  penalties  relating  to  registered  and 
licensed  vessels. 

6.  Licensed  vessels  under  twenty  tons. 

Before  any  vessel,  of  tTie  burden  of  five  tons,  and  less 
than  twenty  tons,  shall  be  licensed,  the  same  measurement 
shall  be  made  of  such  vessel,  and  the  same  provisions 
observed  relative  thereto,  as  are  to  be  observed  in  case  of 


PART  I. VESSELS.  17 

measuring  vessels  to  be  registered  or  enrolled ;  but  in  all 
cases,  where  such  vessel  or  any  other  licensed  vessel  shall 
have  been  once  measured,  it  shall  not  be  necessary  to  meas- 
ure such  vessel  anew,  for  the  purpose  of  obtaining  another 
enrollment  or  license,  unless  such  vessel  shall  have  under- 
gone some  alteration  as  to  her  burden,  subsequent  to  the 
time  of  her  former  license. 
7.   Undocumented  vessels. 

The  act  [R.  S.,  4311-4385]  to  which  this  is  a  supplement  Apr.  is,  1874. 
shall  not  be  so  construed  as  to  extend  the  provisions  of  the 
said  act  to  canal  boats  or  boats  employed  on  the  internal 
waters  or  canals  of  any  State ;  and  all  such  boats,  except- 
ing only  such  as  are  provided  with  sails  or  propelling 
machinery  of  their  own  adapted  to  lake  or  coastwise  navi- 
gation, and  excepting  such  as  are  employed  in  trade  with 
the  Canadas,  shall  be  exempt  from  the  provisions  of  the 
said  act,  and  from  the  payment  of  all  customs  and  other 
fees  under  anv  act  of  Congress. 

The  provisions  of  title  fifty  [R.  S.,  4311^390]  of  the  J;)^:  ^^' 'i^^^- 
Revised  Statutes  of  the  United  States  shall  not  be  so  con- 
strued as  to  require  the  payment  of  any  fee  or  charge  for 
the  enrolling  or  licensing  of  vessels,  built  in  the  United 
States  and  owned  by  citizens  thereof,  not  propelled  by  sail 
or  by  internal  motive  power  of  their  own,  and  not  in  any 
case  carrving  passengers,  whether  navigating  the  internal 
waters  of  a  State  or  the  navigable  waters  of  the  United 
States,  and  not  engaged  in  trade  with  contiguous  foreign 
territory,  nor  shall  this  or  any  existing  law  be  construed  to 
require  the  enrolling,  registering  or  licensing  of  any  fiat 
boat,  barge  or  like  craft  for  the  carriage  of  freight,  not 
propelled  by  sail  or  by  internal  motive  power  of  its  own, 
on  the  rivers  or  lakes  of  the  United  States. 

Nothing  in  this  Title  [R.  S.,  4311^390]  shall  be  con-  R.s.,43S5. 
strued  to  extend  to  any  boat  or  lighter  not  being  masted, 
or  if  masted  and  not  decked,  employed  in  the  harbor  of 
any  town  or  city. 
8.  Yach-ts. 

The  Secretary  of  Commerce  and  Labor  may  cause  yachts  R-  s.,  4214. 
used  and  employed  exclusively  as  pleasure  vessels  or  de-   ^!^^-^^^'  ^^^^' 
signed  as  models  of  naval  architecture,  if  built  and  owned  Mar.  3.*  i883. 
in  compliance  with  the  provisions  of  sections  forty-one   Jan.  16, 1895. 
hundred  and  thirty-three  to  forty-one  hundred  and  thirty-   see.  4. 
five,  to  be  licensed  on  terms  which  will  authorize  them  to 
proceed  from  port  to  port  of  the  United  States,  and  by 
sea  to  foreign  ports,  without  entering  or  clearing  at  the 
custom-house,  such  license  shall  be  in  such  form  as  the 
Secretary  of  Commerce  and  Labor  may  prescribe.     Such   ^^^^'i^o^;^ 
vessels,  so  enrolled  and  licensed,  shall  not  be  allowed  to  "   ' 
transport  merchandise  or  carry  passengers  for  pay.    Such 
vessels  shall  have  their  name  and  port  placed  on  some 
conspicuous  portion  of  their  hulls.     Such  vessels  shall,  in 

96694°— 11 2 


18  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

all  respects,  except  as  above,  be  subject  to  the  laws  of  the 
United  States,  and  shall  be  liable  to  seizure  and  forfeiture 
for  any  violation  of  the  provisions  of  this  title  [R.  S., 
4131-4305]. 
R.  s.,  4214.  No  licensed  yacht  shall  engage  in  any  trade,  nor  in  any 

Mar.  3,  1883.  -^g^y  violate  the  revenue  laws  of  the  United  States;  and 

Jan.  16,  1895.  -^  -  -  ,      ,,  ,  ..,,,,  .  I, 


Sec.  4. 


every  such  yacht  shall  comply  with  the  laws  in  all  i 


Sec! 5.  spe'ts.    Any  master  or  owner  violating  the  provisions  of 

the  jDreceding  section  shall  be  liable  to  the  penalty  of  two 
hundred  dollars,  in  addition  to  any  other  penalty  im- 
Feb.  14, 1003.  posed  by  law.     The  Secretary  of  Commerce  and  Labor 
Sec.  10.  shall  have  power  to  remit  or  mitigate  any  such  penalty  if 

in  his  opinion  it  was  incurred  without  negligence  or  in- 
tention of  fraud. 
R.  s.,  4217.  For  the  identification  of  yachts  and  their  owners,  a 

commission  to  sail  for  pleasure  in  any  designated  yacht 
belonging  to  any  regularly  organized  and  incorporated 
yacht  club,  stating  the  exemptions  and  jorivileges  enjoyed 
Feb.  14, 1903.  Under  it,  may  be  issued  by  the  Secretary  of  Commerce 
Sec.  10.  and  Labor,  and  shall  be  a  token  of  credit  to  any  United 

States  official,  and  to  the  authorities  of  any  foreign  power, 
for  privileges  enjoj^ed  under  it. 
R.  s.,  4215.  All  such  licensed  yachts  shall  use  a  signal  of  the  form, 

size,  and  colors  prescribed  by  the  Secretary  of  the  Xavy; 
and  the  owners  thereof  shall  at  all  times  permit  the  naval 
architects  in  the  employ  of  the  United  States  to  examine 
and  copy  the  models  of  such  yachts. 
Aug.  5, 1909.  There  shall  be  levied  and  collected  annually  on  the  first 
Sec.  37.  ^Qj  Qf  September  by  the  collector  of  customs  of  the  dis- 

trict nearest  the  residence  of  the  managing  owner,  upon 
the  use  of  every  foreign-built  yacht,  pleasure  boat,  or  ves- 
sel, not  used  or  intended  to  be  used  for  trade,  now  or 
hereafter  owned  or  chartered  for  more  than  six  months 
by  any  citizen  or  citizens  of  the  United  States,  a  sum 
equivalent  to  a  tonnage  tax  of  seven  dollars  per  gross  ton. 
In  lieu  of  the  annual  tax  above  prescribed  the  owner  of 
any  foreign-built  yacht,  pleasure  boat,  or  vessel  above 
described  may  pay  a  duty  of  thirty-five  per  centum  ad  va- 
lorem thereon,  and  such  yacht,  pleasure  boat,  or  vessel 
shall  thereupon  be  entitled  to  all  the  privileges  and  shall 
be  subject  to  all  the  requirements  prescribed  by  sections 
forty-two  hundred  and  fourteen,  forty-two  hundred  and 
fifteen,  forty-two  hundred  and  seventeen,  and  forty-two 
hundred  and  eighteen  of  the  Revised  Statutes  and  acts 
amendatory  thereto  in  the  same  manner  as  if  said  yacht 
had  been  buit  in  the  United  States,  and  shall  be  subject 
to  tonnage  duty  and  light  money  only  in  the  same  manner 
as  if  said  yacht  had  been  built  in  the  United  States. 

So  much  of  section  five  of  chapter  two  hundred  and 
twelve  of  the  laws  of  nineteen  hundred  and  eight,  ap- 
proved May  twenty-eighth,  nineteen  hundred  and  eight, 


PAET   I. VESSELS. 


19 


as  relates  to  yachts  built  outside  the  United  States  and 
owned  by  citizens  of  the  United  States  is  hereby  repealed. 

This  section  shall  not  apply  to  a  foreign-built  vessel 
admitted  to  American  registry. 

Whenever  it  shall  be  made  to  appear  to  the  satisfaction  May  28, 1908. 
of  the  President  of  the  United  States  that  yachts  belong-  ^^'^^  ^' 
ing  to  any  regularly  organized  yacht  club  of  the  United 
States  are'allowed  to  arrive  at  and  depart  from  any  foreign 
port  and  to  cruise  in  the  waters  of  such  port  without 
entering  or  clearing  at  the  custom-house  thereof  and  with- 
out the  payment  of  any  charges  for  entering  or  clearing, 
dues,  duty  per  ton,  tonnage  taxes  or  charges  for  cruising 
licenses,  the  Secretary  of  Commerce  and  Labor  may  au- 
thorize and  direct  the  customs  authorities  at  the  various 
ports  and  subports  of  entry  of  the  United  States  to  allow 
yachts  from  such  foreign  port  belonging  to  any  regularly 
organized  yacht  club  thereof  to  arrive  at  and  depart  from 
any  port  or  subport  of  the  United  States  and  to  cruise  in 
waters  of  the  United  States  without  the  payment  of  any 
charges  for  entering  or  clearing,  dues,  duty  per  ton,  or 
tonnage  taxes,  but  the  Secretary  ©f  Commerce  and  Labor 
may,  in  his  discretion,  direct  that  such  foreign  yachts 
shall  be  required  to  obtain  licenses  to  cruise,  in  a  form 
prescribed  by  him,  before  they  shall  be  allowed  under  the 
provisions  of  this  Act  to  cruise  in  waters  of  the  United 
States.  Such  licenses  shall  be  issued  without  cost  to 
such  yachts  and  shall  prescribe  such  limitations  as  to 
length  of  time,  direction,  and  place  of  cruising  and  action, 
and  such  other  particulars  as  the  Secretary  of  Commerce 
and  Labor  may  deem  proper:  Provided,  That  the  privi-  May28, i908. 
leges  of  this  section  shall  not  extend  to  any  yacht  built 
outside  of  the  United  States  and  owned,  chartered,  or 
used  by  a  citizen  of  the  United  States  unless  such  owner- 
ship or  charter  was  acquired  prior  to  February  fifth, 
eighteen  hundred  and  ninety-seven.  [See  also  Tonnage 
tax,  paragraph  157,  page  150.] 

Every  yacht  visiting  a  foreign  country  under  the  pro- 
visions of  the  four  preceding  sections  shall,  on  her  return 
to  the  United  States,  make  due  entry  at  the  custom-house 
of  the  port  at  which,  on  such  return,  she  shall  arrive. 
9.   Official  number. 

The  Commissioner  of  Navigation  shall  have  power, 
under  such  regulations  as  he  shall  prescribe,  to  establish 
and  provide  a  system  of  numbering  vessels  so  registered, 
enrolled,  and  licensed;  and  each  vessel  so  numbered  shall 
have  her  number  deeply  carved  or  otherwise  permanently 
marked  on  her  main  beam ;  and  if  at  any  time  she  shall 
cease  to  be  so  marked,  such  vessel  shall  be  liable  to  a  fine 
of  thirty  dollars  on  every  arrival  in  a  port  of  the  United 


R.  S.,  4218. 


R.  S.,  4177. 
July  5,  1884. 


June  19,1886. 
Sec.  6. 


20  KAVIGATION   LAWS    OE   THE   UNITED    STATES. 

States  if  she  have  not  her  proper  official  number  legally 
carved   or   permanently  marked. 

10.  Name  of  vessel. 

R.  s.,  4178.         The  name  of  every  documented  vessel  of  the  United 
j^^  on'  ion-'  States  shall  be  marked  upon  each  bow  and  upon  the  stern, 
^^'^  '       '■  and  the  home  port  shall  also  be  marked  upon  the  stern. 
These  names  shall  be  painted  or  gilded,  or  consist  of  cut  or 
carved  or  cast  roman  letters  in  light  color,  on  a  dark 
ground,  or  in  a  dark  color  on  a  light  ground,  secured  in 
place,  and  to  be  distinctly  visible.     The  smallest  letters 
used  shall  not  be  less  in  size  than  four  inches.    If  any  such 
vessel  shall  be  found  without  these  names  being  so  marked 
the  owner  or  owners  shall  be  liable  to  a  penalty  of  ten  dol- 
june  20,1881.  lars  for  each  name  omitted.    The  word  "  port,"  as  used  in 
Sec.  21.  section  forty-one  hundred  and  seventy-eight  shall  be  con- 

strued to  mean  either  the  port  where  the  vessel  is  regis- 
tered or  enrolled,  or  the  place  in  the  same  district  where 
the  vessel  was  built  or  where  one  or  more  of  the  owners 
reside. 
R.  s.,  4495.^  Every  steam  vessel  of  the  United  States,  in  addition  to 
Feb.  1, 1891.  i-^r^yij^g  ];^ep  name  painted  on  her  stern,  shall  have  the  same 
conspicuous!}'  placed  in  distinct,  plain  letters,  of  not  less 
than  six  inches  in  length  on  each  outer  side  of  the  pilot- 
house, if  it  has  such,  and  in  case  the  vessel  has  side  wheels, 
also  on  the  outer  side  of  each  wheel-house ;  and  if  any  such 
steamboat  be  found  without  having  her  name  placed  as 
required,  she  shall  be  subject  to  the  same  penalty  as  pro- 
vided by  law  in  the  case  of  a  vessel  of  the  United  States 
found  without  having  her  name,  and  the  name  of  the  port 
to  which  she  belongs,  painted  on  her  stern. 

11.  Change  of  name. 

B.  s.,  4179.         ~^o  master,  owner,  or  agent  of  any  vessel  of  the  United 

States  shall  in  any  wa}^  change  the  name  of  such  vessel, 

or  by  any  device,  advertisement,  or  contrivance  deceive  or 

attempt  to  deceive  the  public,  or  an}^  officer  or  agent  of 

the  United  States,  or  of  any  State,  or  any  corporation  or 

agent  thereof,  or  any  person  or  persons,  as  to  the  true 

name  or  character  of  such  vessel,  on  pain  of  the  forfeiture 

of  such  A^essel. 

Secg  1  2^^^'     ^  The  Commissioner  of  Navigation  shall,  under  the  direc- 

Sec.  5.'  tion  of  the  Secretary  of  Commerce  and  Labor,  be  empow- 

Feb.  14, 1903.  ered  to  change  the  names  of  vessels  of  the  United  States, 

Sec.  10.  under  such  restrictions  as  may  have  been  or  shall  be  pre- 

Mar   o   1881      ^^^IV^^V.^^    ^^^    ^^    CoUgreSS. 

Sees,  i',  2.     '    .    The  Secretary  of  Commerce  and  Labor  be,  and  hereby 

Feb.  14, 1903.  is,  authorized  to  permit  the  owner  or  owners  of  any  vessel 

Sec.  10.  duly  enrolled  and  found  seaworthy  and  free  from  debt  to 

change  the  name  of  the  same,  when,  in  his  opinion,  there 

shall  be  sufficient  cause  for  so  doing.     The  Secretary  of 

Commerce  and  Labor  shall  establish  such  rules  and  regu- 


PART   I. VESSELS.  21 

lations  and  procure  such  evidence  as  to  the  age,  condition,  ^^^^'-  2,  issi. 
where  built,  and  pecuniary  liability  of  the  vessel  as  he   ^^^'  ^' 
may  deem  necessary  to  prevent  injury  to  public  or  private 
interests;  and  when  permission  is  granted  by  the  Secre- 
tary, he  shall  cause  the  order  :?or  the  change  of  name  to 
be  published  at  least  in  four  issues  in  some  daily  or  weekly 
f)aper  at  the  place  of  register ;  and  the  cost  of  procuring 
evidence  and  advertising  the  change  of  name  to  be  paid 
by  the  person  or  persons'desiring  such  change  of  name. 
12.   Draught. 

The  draught  of  every  registered  vessel  shall  be  marked   ^eb.  21,  i89i. 
upon  t^e  stem  and  stern  post,  in  English  feet  or  decime-    t^'^'^so  isq 
ters,  in  either  Arabic  or  Roman  numerals.     The  bottom  86^.2   '        " 
of  each  numeral  shall  indicate  the  draught  to  that  line. 


Part  II.— MEASUREMENT. 


13.  Measurement. 

14.  Gross   tonnage. 

15.  Deck  houses,  breaks,  etc. 

16.  Hatchways. 

17.  Between  decks. 

18.  Open  vessels. 

19.  Water  ballast. 

20.  Net  tonnage. 


21.  Crew  accommodations. 

22.  Deductions  for  other  purposes. 

23.  Deductions  for  propelling  power. 

24.  Register  tonnage. 

25.  Appendix  of  measurement. 

26.  Vessels  exempt  from  measurement. 

27.  Measurement  of  foreign  vessels. 


R.  S.,  4148. 


R.  S.,  4149. 


R.  S.,  4150. 


13.   Measurement. 

Before  any  vessel  shall  be  registered,  she  shall  be  meas- 
ured by  a  surveyor,  if  there  be  one,  or  by  the  person  he 
shall  appoint,  at  the  port  or  place  where  the  vessel  may  be, 
and  if  there  be  none,  by  such  person  as  the  collector  of  the 
district  within  which  she  may  be  shall  appoint.  But  in 
all  cases  where  a  vessel  has  before  been  registered  as  a 
vessel  of  the  United  States,  it  shall  not  be  necessary  to 
measure  her  anew,  for  the  purpose  of  obtaining  another 
register;  unless  such  vessel  has  undergone  some  alteration 
as  to  her  burden,  subsequent  to  the  time  of  her  former 
registry. 

The  officer  or  person  by  whom  such  measurement  is 
made  shall,  for  the  information  of  and  as  a  voucher  to  the 
officer  by  whom  the  registr}^  is  to  be  made,  grant  a  certifi- 
cate, specifying  the  build  of  the  vessel,  her  number  of 
decks  and  masts,  her  length,  breadth,  depth,  the  number 
of  tons  she  measures,  and  such  other  particulars  as  are 
usually  descriptive  of  the  identity  of  a  vessel,  and  that 
her  name,  and  the  place  to  which  she  belongs,  are  painted 
on  her  stern  in  manner  required  by  this  Title  [K.  S., 
4131-4305]  ;  which  certificate  shall  be  countersigned  b}^ 
an  owner,  or  by  the  master  of  such  vessel,  or  by  some  other 
person  who  shall  attend  her  admeasurement,  on  behalf  of 
her  owner  or  owners,  in  testimony  of  the  truth  of  the 
particulars  therein  contained;  without  which  the  certifi- 
cate shall  not  be  valid. 

The  registry  of  every  vessel  shall  express  her  length  and 
breadth,  together  with  her  depth  and  the  heighf^ under 
the  third  or  spar  deck,  which  shall  be  ascertained  in  the 
following  manner:  The  tonnage  deck,  in  vessels  having 
three  or  more  decks  to  the  hull,  shall  be  the  second  deck 
from  below ;  in  all  other  cases  the  upper  deck  of  the  hull 
is  to  be  the  tonnage-deck.  The  length  from  the  fore  part 
of  the  outer  planking  on  the  side  of  the  stem  to  the  after 
22 


PART   II. MEASUREMENT.  23 

part  of  the  main  stern-post  of  screw-steamers,  and  to  the 
after  part  of  the  rudcler-post  of  all  other  vessels  measured 
on  the  top  of  the  tonnage-deck,  shall  be  accounted  the 
vessel's  length.  The  breadth  of  the  broadest  part  on  the 
outside  of  the  vessel  shall  be  accounted  the  vessel's  breadth 
of  beam.  A  measure  from  the  under  side  of  the  tonnage- 
deck  plank,  amidships,  to  the  ceiling  of  the  hold,  (average 
thickness,)  shall  be  accounted  the  depth  of  hold.  If  the 
vessel  has  a  third  deck,  then  the  height  from  the  top  of 
the  tonnage-deck  plank  to  the  under  side  of  the  upper- 
deck  plank  shall  be  accounted  as  the  height  under  the 
spar-deck.  All  measurement  to  be  taken  in  feet  and 
fractions  of  feet;  and  all  fractions  of  feet  shall  be  ex- 
pressed in  decimals. 

No  part  of  any  vessel  shall  be  required  by  the  preceding  R-  s.,  4i5i. 
section  to  be  measured  or  registered  for  tonnage  that  is 
used  for  cabins  or  state-rooms,  and  constructed  entirely 
above  the  first  deck,  which  is  not  a  deck  to  the  hull. 
14.   Gross  tonnage. 

The  register  tonnage  of  every  vessel  built  within  the  ^-  S-,  4153. 
United  States  or  owned  by  a  citizen  or  citizens  thereof 
shall  be  her  entire  internal  cubical  capacity  in  tons  of  one 
hundred  cubic  feet  each,  to  be  ascertained  as  follows: 
Measure  the  length  of  the  vessel  in  a  straight  line  along 
the  upper  side  of  the  tonnage-deck,  from  the  inside  of  the 
inner  plank,  average  thickness,  at  the  side  of  the  stem  to 
the  inside  of  the  plank  on  the  stern-timbers,  average  thick- 
ness, deducting  from  this  length  what  is  due  to  the  rake 
of  the  bow  in  the  thickness  of  the  deck,  and  what  is  due  to 
the  rake  of  the  stern-timber  in  the  thickness  of  the  deck, 
and  also  what  is  due  to  the  rake  of  the  stern-timber  in  one- 
third  of  the  round  of  the  beam ;  divide  the  length  so  taken 
into  the  number  of  equal  parts  required  by  the  following 
table,  according  to  the  class  in  such  table  to  which  the 
vessel  belongs: 

Class  one.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  fifty  feet  or  under :  into 
six  equal  parts. 

Class  two.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  fifty  feet  and  not 
exceeding  one  hundred  feet :  into  eight  equal  parts. 

Class  three.  Vessels  of  which  the  tonnage  length  ac- 
cording to  the  above  measurement  is  above  one  hundred 
feet,  and  not  exceeding  one  hundred  and  fifty  feet :  into 
ten  equal  parts. 

Class  four.  Vessels  of  which  the  tonnage  length  ac- 
cording to  the  above  measurement  is  above  one  hundred 
and  fifty  feet,  and  not  exceeding  two  hundred  feet :  into 
twelve  equal  parts. 

Class  five.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  two  hundred  feet, 
and  not  exceeding  two  hundred  and  fifty  feet :  into  four- 
teen equal  parts. 


24  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

Class  six.  Vessels  of  which  the  tonnage  length  accord- 
ing to  the  above  measurement  is  above  two  hundred  and 
fift}^  feet:  into  sixteen  equal  parts. 

Then,  the  hold  being  sufficiently  cleared  to  admit  of  the 
required  depths  and  breadths  being  properly  taken,  find 
the  transverse  area  of  such  vessel  at  each  point  of  division 
of  the  length  as  follows: 

Measure  the  depth  at  each  point  of  division  from  a 
point  at  a  distance  of  one-third  of  the  round  of  the  beam 
below  such  deck;  or,  in  case  of  a  break,  below  a  line 
stretched  in  continuation  thereof,  to  the  upper  side  of 
the  floor- timber,  at  the  inside  of  the  limber-strake,  after 
deducting  the  average  thickness  of  the  ceiling,  which  is 
between  the  bilge-planks  and  limber-strake;  then,  if  the 
depth  at  the  midship  division  of  the  length  do  not  exceed 
sixteen  feet,  divide  each  depth  into  four  equal  parts;  then 
measure  the  inside  horizontal  breadth,  at  each  of  the  three 
pointsof  division,  and  also  at  the  upper  and  lower  points 
of  the  depth,  extending  each  measurement  to  the  average 
thickness  of  that  part  of  the  ceiling  which  is  between  the 
points  of  measurement;  number  these  breadths  from 
above,  numbering  the  upper  breadth  one,  and  so  on  down 
to  the  lowest  breadth ;  multiply  the  second  and  fourth  by 
four,  and  the  third  by  two ;  add  these  products  together, 
and  to  the  sum  add  the  first  breadth  and  the  last,  or  fifth ; 
multiply  the  quantity  thus  obtained  by  one-third  of  the 
common  interval  between  the  breadths,  and  the  product 
shall  be  deemed  the  transverse  area ;  but  if  the  midship 
depth  exceed  sixteen  feet,  divide  each  depth  into  six  equal 
parts,  instead  of  four,  and  measure  as  before  directed, 
the  horizontal  breadths  at  the  five  points  of  division,  and 
also  at  the  upper  and  lower  points  of  the  depth ;  number 
tjiem  from  above  as  before;  multiply  the  second,  fourth, 
and  sixth  by  four,  and  the  third  and  fifth  by  two;  add 
these  products  together,  and  to  the  sum  add  the  first 
breadth  and  the  last,  or  seventh ;  multiply  the  quantities 
thus  obtained  by  one- third  of  the  common  interval  be- 
tween the  breadths,  and  the  product  shall  be  deemed  the 
transverse  area. 

Having  thus  ascertained  the  transverse  area  at  each 
point  of  division  of  the  length  of  the  vessel,  as  required 
aboA^e,  proceed  to  ascertain  the  register  tonnage  of  the 
vessel  in  the  following  manner : 

Number  the  areas  successively  one,  two.  three,  and  so 
forth,  number  one  being  at  the  extreme  limit  of  the  length 
at  the  bow,  and  the  last  number  at  the  extreme  limit  of 
the  length  at  the  stern;  then,  whether  the  length  be  di- 
vided according  to  the  table  into  six  or  sixteen  parts,  as 
in  classes  one  and  six,  or  any  intermediate  number,  as  in 
classes  two,  three,  four,  and  five,  multiply  the  second,  and 
every  e^;^n-numbered  ai^a  by  four,  and  the  third,  and 
every  odd-numbered  area,  except  the  first  and  last,  by 
two;  add  these  products  together,  and  to  the  sum  add  the 


PART   II. MEASUREMENT.  25 

first  and  last  if  they  yield  anything ;  multiply  the  quanti- 
ties thus  obtained  by  one-third  of  the  common  interval  be- 
tween the  areas,  and  the  product  will  be  the  cubical  con- 
tents of  the  space  under  the  tonnage-deck;  divide  this 
product  hy  one  hundred,  and  the  quotient,  being  the  ton- 
nage under  the  tonnage-deck,  shall  be  deemed  to  be  the 
register  tonnage  of  the  vessel  subject  to  the  additions 
hereinafter  mentioned. 

15.  Deck-houses,  breaks,  etc. 

If  there  be  a  break,  a  poop,  or  any  other  permanent  ^^' ^.•'2^Yg^' 
closed-in  space  on  the  upper  deck,  available  for  cargo,  or   gec!'i'(h).  ' 
stores,  or  for  the  berthing  or  accommodation  of  passen- 
gers or  crew,  the  tonnage  of  that  space  shall  be  ascer- 
tained as  follows  and  added  to  the  gross  tonnage :  ^ 

Measure  the  internal  mean  length  of  such  space  in  feet, 
and  divide  it  into  an  even  number  of  equal  parts  of  which 
the  distance  asunder  shall  be  most  nearly  equal  to  those 
into  which  the  length  of  the  tonnage-deck  has  been  di- 
vided; measure  at  the  middle  of  its  height  the  inside 
breadths;  namely,  one  at  each  end  and  at  each  of  the 
points  of  division,  numbering  them  successively  one,  two, 
three,  and  so  forth ;  then  to  the  sum  of  the  end  breadths 
add  four  times  the  sum  of  the  even-numbered  breadths 
and  twice  the  sum  of  the  odd-numbered  breadths,  except 
the  first  and  last,  and  multiply  the  whole  sum  by  one- 
third  of  the  common  interval  between  the  breadths;  the 
product  will  give  the  mean  horizontal  area  of  such  space; 
then  measure  the  mean  height  between  the  planks  of  the 
decks,  and  multiply  by  it  the  mean  horizontal  area ;  di- 
vide the  product  by  one  hundred,  and  the  quotient  shall 
be  deemed  to  be  the  tonnage  of  such  space,  and  shall  be 
added  to  the  tonnage  under^the  tonnage-decks,  ascertained 
as  aforesaid:  Provided^  That  nothing  shall  be  added  to 
the  gross  tonnage  for  any  sheltered  space  above  the  upper 
deck  which  is  under  cover  and  open  to  the  weather;  that 
is,  not  inclosed. 

16.  Hatchways. 

The  cubical  contents  of  the  hatchways  shall  be  obtained  Feb.  6, 1909. 
by  multiplying  the  length  and  breadth  together  and  the 
product  by  the  mean  depth  taken  from  the  top  of  beam 
to  the  under  side  of  the  hatch.  From  the  aggregate  ton- 
nage of  the  hatchwa^/s  there  shall  be  deducted  one-half 
of  one  per  cent  of  the  gross  tonnage  and  the  remainder 
only  shall  be  added  to  the  gross  tonnage  of  the  ship  exclu- 
sive of  the  tonnage  of  the  hatchways. 

17.  Between-decks. 

If  a  vessel  has  a  third  deck,  or  spar  deck,  the  tonnage  R-  s.,  4153. 
of  the  space  between  it  and  the  tonnage-deck  shall  be 
ascertained  as  follows : 

Measure  in  feet  the  inside  length  of  the  space,  at  the 
middle  of  its  height,  from  the  plank  at  the  side  of  the 
stem  to  the  plank  on  the  timbers  at  the  stern,  and  divide 


26  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

the  length  into  the  same  number  of  equal  parts  into  which 
the  length  of  the  tonnage-deck  is  divided ;  measure,  also  at 
the  middle  of  its  height,  the  inside  breadth  of  the  space 
at  each  of  the  points  of  division,  also  the  breadth  of  the 
stem  and  the  breadth  at  the  stern;  number  them  succes- 
sively one,  two,  three,  and  so  forth,  commencing  at  the 
stem;  multiply  the  second,  and  all  other  even-numbered 
breadths,  by  four,  and  the  third,  and  all  the  other  odd- 
numbered  breadths,  except  the  first  and  last,  by  two;  to 
the  sum  of  these  products  add  the  first  and  last  breadths, 
multiply  the  whole  sum  by  one-third  of  the  common  in- 
terval between  the  breadths,  and  the  result  will  give,  in 
superficial  feet,  the  mean  horizontal  area  of  such  space; 
measure  the  mean  height  between  the  plank  of  the  two 
decks,  and  multiply  by  it  the  mean  horizontal  area,  and 
the  product  will  be  the  cubical  contents  of  the  space; 
divide  this  jDroduct  by  one  hundred,  and  the  quotient 
shall  be  deemed  to  be  the  tonnage  of  such  space,  and  shall 
be  added  to  the  other  tonnage  of  the  vessel  ascertained 
as  above  directed.  And  if  the  vessel  has  more  than  three 
decks,  the  tonnage  of  each  space  between  decks,  above  the 
tonnage-deck,  shall  be  severally  ascertained  in  the  manner 
above  described,  and  shall  be  added  to  the  tonnage  of  the 
vessel,  ascertained  as  above  directed. 

18.  Open  vessels. 

R.  s.,  4153.  In  ascertaining  the  tonnage  of  open  vessels  the  upper 

edge  of  the  upper  strake  is  to  form  the  boundary-line  of 
measurement,  and  the  depth  shall  be  taken  from  an 
athwartship  line,  extending  from  the  upper  edge  of  such 
strake  at  each  division  of  the  lenoih. 

19.  Water  ballast. 

Mar.  2, 1895.  In  the  case  of  a  ship  constructed  with  a  double  bottom 
for  water  ballast,  if  the  space  between  the  inner  and  outer 
plating  thereof  is  certified  by  the  collector  to  be  not  avail- 
able for  the  carriage  of  cargo,  stores,  or  fuel,  then  the 
depth  of  the  vessel  shall  be  tSken  to  be  the  upper  side  of 
the  inner  plating  of  the  double  bottom,  and  that  upper 
side  shall  for  the  purposes  of  measurement  be  deemed  to 
Feb  6  1909  ^^P^^sent  the  floor  timber.  From  the  gross  tonnage  there 
Sec' 2.'  '  sl^^ll  be  deducted  any  other  space  adapted  only  for  water 
ballast  certified  by  the  collector  not  to  be  available  for  the 
carriage  of  cargo,  stores,  supplies,  or  fuel. 

20.  Net  tonnage. 

From  the  gross  tonnage  of  every  vessel  of  the  United 
States  there  shall  be  deducted — 

21.  Crew  accommodations. 

(a)  The  tonnage  of  the  spaces  or  compartments  occu- 
pied by  or  appropriated  to  the  use  of  the  crew  of  the 
vessel.  Every  place  appropriated  to  the  crew  of  the  vessel 
shall  have  a  space  of  not  less  than  seventy-two  cubic  feet 


Aug.  5,  1882. 


Mav.  2, 1895. 


PART   II. MEASUREMENT.  27 

and  not  less  than  twelve  superficial  feet,  measured  on  the 
deck  or  floor  of  that  place,  for  each  seaman  or  apprentice 
lodged  therein.  The  provisions  of  this  Act  requiring  a 
crew  space  of  seventy-two  cubic  feet  per  man  shall  apply 
only  to  vessels  the  construction  of  which  shall  be  begun 
after  June  thirtieth,  eighteen  hundred  and  ninety-five. 
Such  place  shall  be  secui^ly  constructed,  properly  lighted, 
drained,  and  ventilated,  properly  protected  from  weather 
and  sea,  and  as  far  as  practicable  properly  shut  off  and 
protected  from  the  effluvium  of  cargo  or  bilge  water ;  and 
failure  to  comply  with  this  provision  shall  subject  the 
owner  to  a  penalty  of  five  hundred  dollars.  Every  place 
so  occupied  shall  be  kept  free  from  goods  or  stores  of  any 
kind  not  being  the  personal  property  of  the  crew  in  use 
during  the  voyage:  and  if  any  such  place  is  not  so  kept 
free  the  master  shall  forfeit  and  pay  to  each  seaman  or  ap- 
prentice lodged  in  that  place  the  sum  of  fifty  cents  a  day 
for  each  day  during  which  any  goods  or  stores  as  afore- 
said are  kept  or  stored  in  the'^place  after  complaint  has 
been  made  to  him  by  any  tAvo  or  more  of  the  seamen  so 
lodged.  No  deduction  from  tonnage  as  aforesaid  shall  be 
made  unless  there  is  permanently  cut  in  a  beam  and  over 
the  doorway  of  every  such  place  the  number  of  men  it  is 
allowed  to  accommodate  with  these  words,  "  certified  to 
accommodate seamen.'' 

Every  place  appropriated  to  the  crew  of  a  seagoing  ves-  l^^^-^>  1^9 
sel  of  the  United  States,  except  a  fishing  vessel,  yacht,  a 
pilot  boat,  and  all  vessels  under  two  hundred  tons  register, 
shall  have  a  space  of  not  less  than  seventy-two  cubic  feet 
and  not  less  than  twelve  square  feet  measured  on  the  deck 
or  floor  of  that  place  for  each  seaman  or  apprentice  lodged 
therein :  Provided,  That  any  such  seagoing  sailing  vessel, 
built  or  rebuilt  after  June  thirtieth,  eighteen  hundred  and 
ninety-eight,  shall  have  a  space  of  not  less  than  one  hun- 
dred cubic  feet  and  not  less  than  sixteen  square  feet  meas- 
ured on  the  deck  or  floor  of  that  space  for  each  seaman  or 
apprentice  lodged  therein.  Such  place  shall  be  securely 
constructed,  properly  lighted,  drained,  heated  and  venti- 
lated, properly  protected  from  weather  and  sea,  and,  as  far 
as  practicable,  properly  shut  off  and  protected  from  the 
effluvium  of  cargo  or  bilge  water. 

Fishing  vessels,  yachts,  and  pilot  boats  are  hereby  ex- 
empted from  the  provisions  of  section  one  of  chapter  one 
hundred  and  seventy-three  of  the  laws  of  eighteen  hun- 
dred and  ninety-five,  entitled  ''An  Act  to  amend  section 
one  of  chapter  three  hundred  and  ninety-eight  of  the  laws 
of  eighteen  hundred  and  eighty-two,  entitled  'An  Act  to 
provide  for  deductions  from  the  gross  tonnage  of  vessels  of 
the  United  States,'  "  so  far  as  said  section  prescribes  the 
amount  of  space  which  shall  be  appropriated  to  the  crew 
and  provides  that  said  space  shall  be  kept  free  from  goods 
or  stores  not  being  the  personal  property  of  the  crew  in 
use  during  the  vo3^age. 


Sec.  2. 


28  NAVIGATION   LAWS   OP   THE   UNITED   STATES. 

Every  steamboat  of  the  United  States  plying  upon  the 
Mississippi  Kiver  or  its  tributaries  siiall  furnish  an  appro- 
priate place  for  the  crew,  which  shall  conform  to  the  re- 
quirements of  this  section  so  far  as  they  shall  be  applicable 
thereto  by  providing  sleeping  room  in  the  engine  room  of 
the  steamboats  properly  protected  from  the  cold,  winds, 
and  rain  by  means  of  suitable  awnings  or  screens  on  either 
side  of  the  guards  or  sides  and  forward,  reaching  from  tJie 
boiler  deck  to  the  lower  or  main  deck,  under  the  direction 
and  approval  of  the  Supervising  Inspector-General  of 
Steam  Vessels,  and  shall  be  properly  heated.  Any  fail- 
ure to  comply  with  this  section  shall  subject  the  owner 
or  owners  to  a  penalty  of  five  hundred  dollars. 

22.  Deductions  for  other  purposes. 

Mar.  2, 1895.  (b)  Any  space  exclusively  for  the  use  of  the  master  cer- 
tified by  the  collector  to  be  reasonable  in  extent  and  prop- 
erly constructed,  and  the  words  "  Certified  for  the  accom- 
modation of  master  "  to  be  permanently  cut  in  a  beam  and 
over  the  door  of  such  space. 

(c)  Any  space  used  exclusively  for  the  working  of  the 
helm,  the  capstan,  and  the  anchor  gear,  or  for  keeping  the 
charts,  signals,  and  other  instruments  of  navigation  and 
boatswain's  stores,  and  the  words  "  Certified  for  steering 
gear,"  or  "  Certifi.ed  for  boatswain's  stores,"  or  "  Certified 
chart  house,"  as  the  case  may  be,  to  be  permanently  cut  in 
the  beam  and  over  the  doorway  of  each  of  such  spaces. 

(d)  The  space  occupied  by  the  donkey  engine  and 
boiler,  if  connected  with  the  main  pumps  of  the  "ship. 

(e)  In  the  case  of  a  ship  propelled  wholly  by  sails  any 
space,  not  exceeding  two  and  one-half  per  centum  of  the 
gross  tonnage,  used  exclusively  for  storage  of  sails:  Pro- 
mdecl^  That  spaces  deducted  sdiall  be  certified  by  the  col- 
lector to  be  reasonable  in  extent  and  properly  and  effi- 
cientty  constructed  for  the  purposes  for  which  they  are 
intended,  and  the  words  "  Certified  for  storage  of  sails  " 
to  be  cut  on  the  beam  and  over  the  doorway  of  such  space. 

23.  Deductions  for  propelling  power. 

Mar.  2, 1895.  (f)  In  the  case  of  a  ship  propelled  by  steam  or  other 
power  requiring  engine  room,  a  deduction  for  the  space 
occupied  by  the  propelling  power  shall  be  made,  as 
follows : 

In  ships  propelled  by  paddle  wheels  in  which  the  ton- 
nage of  the  space  occupied  by  and  necessary  for  the  proper 
working  of  the  boilers  and  machinery  is  above  twenty  per 
centum  and  under  thirty  per  centum'^of  the  gross  tonnage, 
the  deduction  shall  be  thirty-seven  per  centum  of  the  gross 
tonnage;  and  in  ships  propelled  by  screws  in  which  the 
tonnage  of  the  space  is  above  thirteen  per  centum  and 
under  twenty  per  centum  of  the  gross  tonnage,  the  deduc- 
tion shall  be  thirty-two  per  centum  of  the  gross  tonnage. 
In  the  case  of  screw  steamers  the  contents  of  the  trunk 
shaft  shall  be  deemed  spaces  necessary  for  the  proper 
working  of  the  machinery. 


PART   II. MEASUREMENT.  29 

(g)  In  the  case  of  other  vessels  in  which  the  actual 
space  occupied  by  the  propelling  machinery  amounts  in 
the  case  of  paddle  vessels  to  twenty  per  centum  or  under 
and  in  the  case  of  screw  vessels  to  thirteen  per  centum  or 
under  of  the  gross  tonnage  of  the  ship,  the  deduction  shall 
consist  in  tlie  case  of  paddle  vessels  of  once  and  a  half  the 
tonnaae  of  the  actual  machinery  space  and  in  the  case  of 
screw ^^essels  of  once  and  three-fourths  the  tonnage  of  the 
actual  machinery  space.  But  if  the  actual  machuiery 
space  is  so  large  as  to  amount  in  the  case  of  paddle  vessels 
to  thirtv  per  centum  or  above,  and  in  the  case  of  screw  ves- 
sels to  twenty  per  centum  or  above  of  the  gross  tonnage 
of  the  ship,  the  deduction  shall  consist  of  thirty-seven  per 
centum  of  the  gross  tonnage  of  the  ship  in  the  case  of  a 
paddle  vessel  and  thirty-two  per  centum  of  the  gross  ton- 
nage in  the  case  of  a  screw  vessel ;  or  if  the  owner  prefers 
there  shall  be  deducted  from  the  gross  tonnage  of  the  ves- 
sel the  tonnage  of  the  space  or  spaces  actually  occupied  by 
or  required  to  be  inclosed  for  the  proper  working  of  the 
boilers  and  machinery,  including  the  trunk  shaft  or  alley 
in  screw  steamers,  with  the  addition  in  the  case  of  vessels 
propelled  with  paddle  wheels  of  fifty  per  centum,  and  in 
the  case  of  vessels  propelled  by  screws  of  seventy-five  per 
centum  of  the  tonnage  of  such  space. 

(i)  On  a  request  in  writing  to  the  Commissioner  of 
Navigation  by  the  owners  of  a  ship  the  tonnage  of  such 
portion  of  tlie  space  or  spaces  above  the  crown  of  the 
engine  room  and  above  the  upper  deck  as  is  framed  in  for 
the  machinery  or  for  the  admission  of  light  and  air  and 
not  required  to  be  added  to  gross  tonnage  shall,  for  the 
purpose  of  ascertaining  the  tonnage  of  the  space  occu- 
pied by  the  propelling  power,  be  added  to  the  tonnage  of 
the  engine  space;  but  it  shall  then  be  included  in  the 
gross  tonnage ;  such  space  or  spaces  must  be  reasonable  in 
extent,  safe,  and  seaworthy,  and  can  not  be  used  for  any 
purpose  other  than  the  machinery  or  for  the  admission  of 
light  and  air  to  the  machinery  or  boilers  of  the  ship. 
24.   Register  tonnage. 

And  the  proper  deduction  from  the  gross  tonnage  hav-   Aug.  5,  1882. 
ing  been  made,  the  remainder  shall  be  deemed  the  net  or 
register  tonnage  of  such  vessels. 

The  register  of  the  vessel  shall  express  the  number  of   ^-  s..  4i53. 
decks,  the  tonnage  under  the  tonnage-deck,  that  of  the 
between-decks,  above  the  tonnage-deck;  also  that  of  the 
poop  or  other  inclosed  spaces  above  the  deck,  each  sepa- 
rately. 

The  register  or  other  official  certificate  of  the  tonnage  a^»-  5'  i882. 
or  nationality  of  a  vessel  of  the  United  States,  in  addition 
to  what  is  now  required  by  law  to  be  expressed  therein, 
shall  state  separatel}-  the  deductions  made  from  the  gross 
tonnage,  and  shall  alsp  state  the  net  or  register  tonnage 
of  the  vessel. 


30  navigatioj^  laws  of  the  united  states. 

But  the  outstanding  registers  or  enrollments  of  vessels 
of  the  United  States'shali  not  be  rendered  void  bj'  the 
addition  of  such  new  statement  of  her  tonnage,  unless 
voluntarily  surrendered;  but  the  same  may  be  added  to 
the  outstanding  document  or  by  an  appendix  thereto, 
with  a  certificate  of  a  collector  of  customs  that  the  origi- 
nal estimate  of  tonnage  is  amended. 
R.  s.,  4153.  Ij^  every  vessel  documented  as  a  vessel  of  the  United 

l^^c^^^'^^^^' States  the  number  denoting  her   net  tonnage   shall  be 
deeply  carved  or  otherwise  permanently  marked  on  her 
main  beam,  and  shall  be  so  continued;  and  if  the  number 
at  any  time  cease  to  be  continued  such  vessel  shall  be  sub- 
ject to  a  fine  of  thirty  dollars  on  every  arrival  in  a  port 
of  the  United  States  if  she  have  not  her  tonnage  number 
legally  carved  or  permanently  marked. 
s^c^'/'  ^^^^        Under  the  direction  of  the  Secretary  of  Commerce  and 
Feb.  14, 1903.  Labor  the  Commissioner  of  Navigation  shall  make  regu- 
sec.  10.  lations  needful  to  give  elfect  to  the  provisions  of  this 

Aug.  5,  1882.  j^^^^  r^YiQ  Secretary  of  Commerce  and  Labor  shall  estab- 
lish and  promulgate  a  proper  scale  of  fees  to  be  paid  for 
the  readmeasurement  of  the  spaces  to  be  deducted  from 
the  gross  tonnage  of  a  vessel,  on  the  basis  of  the  last 
sentence  of  section  forty-one  hundred  and  eighty-six  of 
the  Eevised  Statutes,  beginning  with  the  words  "  But  the 
charge  for  the  measurement." 

25.  Appendix  of  measurement. 

Mar.  2, 1805.  Upon  application  by  the  owner  or  master  of  an  Ameri- 
can vessel  in  foreign  trade,  collectors  of  customs,  under 

Feb.  14, 1903.  regulations  to  be  approved  by  the  Secretary  of  Commerce 
and  Labor,  are  authorized  to  attach  to  the  register  of  such 
vessel  an  appendix  stating  separately,  for  use  in  foreign 
ports,  the  measurement  of  such  space  or  spaces  as  are 
permitted  to  be  deducted  from  gro<s  tonnage  by  the  rules 
of  other  nations  and  are  not  permitted  by  the  laws  of  the 
United  States. 

Mar.  2, 1895.       This  Act  shall  not  be  construed  to  require  the  remeas- 

Sec.  2.  urement  of  any  American  A^essel  duly  measured  before 

April  first,  eighteen  hundred  and  ninety-five;  but  upon 
application  by  the  owner  of  any  such  vessel  collectors  of 
customs  shall  cause  such  vessel,  or  the  spaces  to  be  de- 
ducted, to  be  measured  according  to  the  provisions  of  this 
Act,  and  if  a  new  register  is  not  issued  the  statement  of 
such  remeasurement  shnll  be  attached  by  an  appendix  to 
the  outstanding  register  or  enrollment  with  a  certificate  of 
the  collector  of  customs  that  the  original  estimate  of  ton- 
nage is  amended  pursuant  to  this  Act. 

26.  Vessels  exempt  from  measurement. 

R.  s.,  4152.  The  provisions  foregoing  relating  to  the  measurement 

of  vessels  shall  not  be  deemed  to  apply  to  any  vessel  not 
required  by  law  to  be  registered,  or  enrolled,  or  licensed, 
unless  otherwise  specially  provided. 


PART   II. MEASUREMENT.  31 

27.   Measurement  of  foreign  vessels. 

Wlienever  it  is  made  to  appear  to  the  Secretary  of  Com-   ^-  S-,  4154. 
merce  and  Labor  that  the  rules  concerning  the  measure-   t^^'o^'  ^^^^' 
ment  for  tonnage  of  vessels  of  the  United  States  have  been  Feb.  i4, 1903. 
substantialh^  adopted  by  the  government  of  any  foreign   Sec.'io.' 
country,  he  may  direct"  that  the  vessels  of  such  foreign 
country  be  deemed  to  be  of  the  tonnage  denoted  in  their 
certificates  of  register  or  other  national  papers,  and  there- 
upon it   shall  not  be  necessary  for  such  vessels  to  be 
remeasured  at  any  port  in  the  United  States;  and  when  it 
shall  be  necessary  to  ascertain  the  tonnage  of  any  vessel 
not  a  vessel  of  the  United  States,  the  said  "tonnage  shall  be 
ascertained  in  the  manner  pro^dded  by  law  for  the  meas- 
urement of  vessels  of  the  United  States. 


Part  III.—DOCUME^^TS   OF  VESSELS. 


28.  Carpenters  certificate. 

29.  Oath  of  owner. 

30.  Master's  oath  of  citizenship. 

31.  Place  of  registry. 

32.  Form  of  retrister. 

33.  Custody  and  surrender  of  register. 

34.  Eegisters  to  corporations. 

35.  Change  of  owner. 

36.  Change  of  build. 

37.  Change  of  master. 

38.  Mortgage  and  bill  of  sale. 

39.  Sale  to  alien, 

40.  Loss  of  register. 

41.  Failure  to  deliver  former  register. 

42.  Cancellation  of  register. 

43.  Special  registry  law. 

44.  Change  of  trade. 

45.  Method  of  enrollment  and  license. 

46.  Oath  of  master  and  owner. 

47.  Fees. 


48.  Form  of  enrolhnent. 

49.  Form  of  license. 

50.  Duration  of  license. 

51.  Surrender  of  license. 

52.  Enrollment  and  license  to  corpora- 

tions. 

53.  Change  of  owner. 

54.  Change  of  master. 

55.  Certification  by  customs  officer. 

56.  Enrollment  outside  of  district. 

57.  Special  provisions  for  enrollment 

and  license. 

58.  Inspection   of  enrollment   and   li- 

cense. 

59.  Record  of  American-built  vessels 

owned  by  aliens. 

60.  Offenses  against  the  registry  law. 

61.  Offenses    against   enrollment   and 

license  laws. 


R.  S.,  4147. 


R.  S.,  4142. 


28.  Carpenter's  certificate. 

In  order  to  the  registry  of  any  vessel  built  within  the 
United  States,  it  shall  be  necessary  to  produce  a  certifi- 
cate, under  the  hand  of  the  principal  or  master  carpenter, 
by  whom  or  under  whose  direction  the  vessel  has  been 
built,  testifying  that  she  was  built  by  him  or  under  his 
direction,  and  s]:)ecifying  the  place  where,  the  time  when, 
and  the  person  for  whom,  and  describing  her  build,  num- 
ber of  decks  and  masts,  length,  breadth,  depth,  tonnage, 
and  such  other  circumstances  as  are  usually  descriptive 
of  the  identity  of  a  vessel ;  which  certificate  shall  be  suffi- 
cient to  authorize  the  removal  of  a  new  vessel  from  the 
district  where  she  may  be  built  to  another  district  in  the 
same  or  an  adjoining  State,  Avhere  the  owner  actually 
resides,  provided  it  be  with  ballast  only. 

29.  Oatli  of  owner. 

In  order  to  the  registry  of  any  vessel,  an  oath  shall  be 
taken  and  subscribed  by  the  owner,  or  by  one  of  the 
owners  thereof,  before  the  officer  authorized"^ to  make  such 
registry,  declaring,  according  to  the  best  of  the  knowledge 
and  belief  of  the  person  so  swearing,  the  name  of  such 
vessel,  her  burden,  the  place  where  she  was  built,  if  built 
within  the  United  States,  and  the  year  in  which  she  was 
32 


PART  III. ^DOCUMEXTS   OF   VESSELS. 


as 


R.  S.,  4143. 


built;  or  that  she  has  been  captured  in  war,  specifying 
the  time,  by  a  citizen  of  the  United  States,  and  lawfully 
condemned  as  prize,  producing  a  copy  of  the  sentence  of 
condemnation,  authenticated  in  the  usual  forms;  or  that 
she  has  been  adjudged  to  be  forfeited  for  a  breach  of  the 
laws  of  the  United  States,  producing  a  like  copy  of  the 
adjudication  of  forfeiture;  and  declaring  his  name  and 
place  of  abode,  and  if  he  be  the  sole  owner  of  the  vessel, 
that  such  is  the  case;  or  if  there  be  another  owner,  that 
there  is  such  other  owner,  specifying  his  name  and  place 
of  abode,  and  that  he  is  a  citizen  of  the  United  States,  and 
specifying  the  proportion  belonging  to  each  owner;  and 
where  an  owner  resides  in  a  foreign  country,  in  the  capac- 
ity of  a  consul  of  the  United  States,  or  as  an  agent  for 
and  a  partner  in  a  house  or  copartnership  consisting  of 
citizens  of  the  United  States,  actually  carrjang  on  trade 
within  the  United  States,  that  such  is  the  case,  that  the 
person  so  swearing  is  a  citizen  of  the  United  States,  and 
that  there  is  no  subject  or  citizen  of  any  foreign  prince 
or  state,  directly  or  indirectly,  by  way  of  trust,  confidence, 
or  otherwise,  interested  in  such  vessel,  or  in  the  profits  or 
issues  thereof;  and  that  the  master  thereof  is  a  citizen, 
naming  the  master,  and  stating  the  means  whereby  or 
manner  in  which  he  is  a  citizen. 

If  any  of  the  matters  of  fact  alleged  in  the  oath  taken 
by  an  owner  to  obtain  the  registry  of  any  vessel,  which 
within  the  knowledge  of  the  party  so  swearing  are  not 
true,  there  shall  be  a  forfeiture  of  the  vessel,  together  with 
her  tackle,  apparel,  and  furniture,  in  respect  to  which  the 
oath  shall  have  been  made,  or  of  the  value  thereof,  to  be 
recovered,  Avith  the  costs  of  suit,  of  the  person  by  whom 
the  oath  was  made. 

30.  Master's  oath  of  citizenship. 

If  the  master  of  a  vessel  is  within  the  district  where  a  ^"  *' 
registry  thereof  is  to  be  made,  when  application  is  made 
for  registering  the  same,  he  shall  himself,  instead  of  the 
owner,  or  of  the  agent  or  attorney,  as  hereinafter  men- 
tioned, make  oath  touching  his  being  a  citizen,  and  the 
means  whereby  or  manner  in  Avhicli  he  is  a  citizen;  in 
which  case,  if  the  master  shall  knowingly  swear  to  any- 
thing untrue,  no  forfeiture  of  the  vessel,  on  account  of 
siK'h  false  oath,  shall  be  incurred,  but  the  master  shall  be 
liable  to  a  penalty  of  one  thousand  dollars. 

31.  Place  of  registry. 

Every  vessel,  except  as  is  hereinafter  provided,  shall  be  ^-  ^•»  "^^^^ 
registered  by  the  collector  of  that  collection  district  which 
includes  the  port  to  which  such  vessel  shall  belong  at  the 
time  of  her  registry ;  which  port  shall  be  deemed  to  be  that 
at  or  nearest  to  which  the  owner,  if  there  be  but  one,  or, 
if  more  than  one,  the  husband  or  acting  and  managing 
owner  of  such  vessel,  usually  resides. 
96694°— 11 ^3 


34  l^AVIGATION   LAWS   OF   THE   UNITED    STATES. 

R.  s.,  4159.  Whenever  any  citizen  of  the  United  States  purchases  or 
becomes  owner  of  any  vessel  entitled  to  be  registered,  such 
vessel  being  within  an}^  district  other  than  the  one  in 
which  he  usuall}^  resides,  such  vessel  shall  be  entitled  to  be 
registered  by  the  collector  of  the  district  where  she  may 
be,  at  the  time  of  his  becoming  owner  thereof,  upon  his 
complying  with  the  provisions  hereinbefore  prescribed,  in 
order  to  the  registry  of  vessels.  And  the  oath  which  is 
required  to  be  taken  may,  at  the  option  of  such  owner,  be 
taken  either  before  the  collector  of  the  district  compre- 
hending the  port  to  which  such  vessel  may  belong,  or  be- 
fore the  collector  of  the  district  within  which  such  vessel 
ma}^  be,  either  of  whom  is  hereby  empowered  to  admin- 
ister such  oath. 

R.  s.,  41G0.  Whenever  any  vessel,  registered  in  pursuance  of  the 

provisions  of  the  preceding  section,  shall  arrive  within 
the  district  comprehending  the  port  to  which  she  belongs, 
the  certificate  of  registry,  so  obtained,  shall  be  delivered 
up  to  the  collector  of  such  district,  who  upon  the  requi- 
sites of  this  Title  [R.  S.,  4131-4305]  in  order  to  the  regis- 
try of  vessels,  being  complied  with,  shall  grant  a  new  one 
in  lieu  of  the  first.  The  certificate  so  delivered  up  shall 
forthwith  be  returned  bj^  the  collector  who  receives  the 
same,  to  the  collector  who  granted  it.  If  the  first-men- 
tioned certificate  of  registry  is  not  delivered  up,  as  above 
directed,  the  owner  and  the  master  of  such  vessel,  at  the 
time  of  her  arrival  within  the  district  comprehending  the 
port  to  which  she  may  belong,  shall  severally  be  liable  to 
a  penalty  of  one  hundred  dollars,  and  the  certificate  of 
registry  shall  be  thenceforth  void. 

R.  s.,  4161.  Whenever  any  vessel  entitled  to  be  registered  is  pur- 

chased by  an  agent  or  attorne}^  for  or  on  account  of  a  citi- 
,  zen  of  the  United  States,  such  vessel  being  in  a  district  of 
the  United  States  more  than  fifty  miles  distant,  takii;g  the 
nearest  usual  route  by  land,  from  the  one  comprehending 
the  port  to  which,  bv  virtue  of  such  purchase,  and  by 
force  of  this  Title  [R.  S.,  4131-4305],  such  vessel  ought 
to  be  deemed  to  belong,  it  shall  be  lawful  for  the  collector 
of  the  district  where  such  vessel  may  be,  and  he  is  hereby 
required  upon  the  application  of  such  agent  or  attorney, 
to  proceed  to  the  registering  of  the  vessel,  the  agent  or 
attorney  first  complying,  on  behalf  and  in  the  stead  of  the 
owner  thereof,  with  the  requisites  prescribed  by  this  Title 
in  order  to  the  registry  of  vessels,  except  that,  in  the  oath 
taken  by  the  agent  or  attornej^,  instead  of  swearing  that 
he  is  owner  or  an  owner  of  such  vessel,  he  shall  swear  that 
he  is  agent  or  attorney  for  the  owner  thereof,  and  that  he 
has,  in  good  faith,  purchased  the  vessel  for  the  person 
whom  he  names  and  describes  as  the  owner  thereof. 

R.  s.,  4162.  Whenever  any  vessel  registered  in  pursuance  of  the  pro- 
visions of  the  preceding  section,  shall  arrive  within  the 
district  comprehending  the  port  to  which  she  belongs,  the 


PART   III. DOCUMENTS    OF   VESSELS.  35 

certificate  of  registry  so  obtained  shall  be  delivered  up  to 
the  collector  of  such  district,  who,  upon  the  requirements 
of  this  Title  [K.  S.,  4131-4205]  in'order  to  the  registry  of 
vessels  being  complied  with,  shall  grant  a  new  one  in  lieu 
of  the  first.  The  certificate,  so  delivered  up,  shall  forth- 
with be  returned  to  the  collector,  who  shall  transmit  the 
same  to  the  collector  who  granted  it.  If  the  first-men- 
tioned certificate  of  registry  is  not  delivered  up,  as  above 
directed,  the  owner  and  the  master  of  such  vessel,  at  the 
time  of  her  arrival  within  the  district  comprehending  the 
port  to  which  she  may  belong,  shall  severally  be  liable  to 
a  penalty  of  one  hundred  dollars,  and  the  certificate  of 
registry  shall  be  thenceforth  void. 

If  any  of  the  matters  of  fact  alleged  in  the  oath  taken  R-  s.,  4iC3. 
b}^  an  agent  or  attorney  to  obtain  the  registry  of  a  vessel 
which  are  within  the  knowledge  of  the  party  so  swearing, 
are  not  true,  there  shall  be  a  forfeiture  of  vessel,  together 
with  her  tackle,  apparel,  and  furniture,  in .  respect  to 
which  the  same  was  made,  or  of  the  value  thereof,  to  be 
recovered,  with  costs  of  suit,  of  the  person  by  whom  such 
oath  was  made. 
32.   Form  of  register. 

When  the  several  matters  hereinbefore  required,  in  or-  R-  s.,  4155. 
der  to  the  registering  of  any  vessel,  have  been  comj^lied 
with,  the  collector  of  the  district  comprehending  the  port 
to  which  she  belongs  shall  make  and  keep  in  some  proper 
book  a  registr}'  thereof,  and  shall  grant  a  certificate  of 
such  registry,  as  nearly  as  may  be,  in  the  form  following: 

In  pursuance  of  chapter  one,  Title  XL VIII,  "  Regula- 
tion OF  Commerce  and  Navigation,"  of  the  Revised 
Statutes  of  the  United  States,  (inserting  here  the  name, 
occupation,  and  place  of  abode  of  the  person  by  whom  the 
oath  was  made),  having  taken  and  subscribed  the  oath 
required  by  law,  and  having  sworn  that  he  (or  she,  and  if 
more  than  one  owner,  adding  the  words,  "  together  with," 
and  the  name  or  names,  occupation  or  occupations,  place 
or  places  of  abode,  of  the  ovviier  or  owners,  and  the  part 
or  proportion  of  such  vessel  belonging  to  each  owner)  is 
(or  are)  the  only  owner  (or  owners)  of  the  vessel  called 
the  (inserting  here  her  name),  of  (inserting  here  the 
port  to  Avhich  she  may  belong),  whereof  (inserting  here 
the  name  of  the  master)  is  at  present  master,  and  is  a 
citizen  of  the  United  States,  and  that  the  said  vessel  was 
(inserting  here  when  and  where  built),  and  (inserting 
here  the  name  and  office,  if  any,  of  the  person  by  whom 
she  shall  have  been  survej^ed  or  measured)  having  certi- 
fied that  the  said  vessel  has  (inserting  here  the  number  of 
decks)  and  (inserting  here  the  number  of  masts),  and 
that  her  length  is  (inserting  here  the  number  of  feet) ,  her 
breadth  (inserting  here  the  number  of  feet),  her  depth 
(inserting  here  the  number  of  feet),  and  that  she  meas- 
ures (inserting  here  her  number  of  tons)  ;  that  she  is 
(describing  here  the  particular  kind  of  vessel,  whether 


36  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

ship,  brigantine,  snow,  schooner,  sloop,  or  whatever  else, 
together  with  her  build,  and  specifying  whether  she  has 
an}^  or  no  gallery  or  head)  ;  and  the  said  (naming  the 
owner,  or  the  master,  or  other  person  acting  in  behalf  of 
the  owner  or  owners,  by  whom  the  certificate  of  measure- 
ment has  been  countersigiied,  as  aforesaid)  having  agreed 
to  the  description  and  measurement  above  specified,  ac- 
cording to  law,  the  said  vessel  has  been  duly  registered  at 
the  port  of  (naming  the  port  where  registered).  Given 
under  my  hand  and  seal,  at  (naming  the  said  port),  this 
(inserting  the  particular  day)  day  of  (naming  the 
month),  in  the  year  (specifying  the  number  of  the  year, 
in  words,  at  length). 
R.  s.,  4156.  When  the  master  of  such  vessel  himself  makes  oath 

touching  his  being  a  citizen,  the  wording  of  the  certificate 
shall  be  varied  so  as  to  be  comformable  to  the  truth  of  the 
case,     ^"^^lere  a  new  certificate  of  registry  is  granted  in 
consequence  of  any  transfer  of  a  vessel,  the  words  shall  be 
so  varied  as  to  refer  to  the  former  certificate  of  registry 
for  her  measurement. 
R.  s.,  4176.         The  collector  of  each  district  shall  progressively  num- 
ber the  certificates  of  the  registry  by  him  granted,  begin- 
ning anew  at  the  commencement  of  each  year,  and  shall 
enter  an  exact  copy  of  each  certificate  in  a  book  to  be  kept 
July  5, 1884.    for  that  purpose ;  and  shall,  once  in  three  months,  trans- 
Sec.  2.  j^^^  ^^  ^YiQ  Commissioner  of  Navigation  copies  of  all  the 

certificates  which  shall  have  been  granted  by  him,  includ- 
ing the  number  of  each. 
R.  s.,  4157.  ^       1^  shall  be  the  duty  of  the  Secretary  of  Commerce  and 
Sec.  10.'  ^^^    Labor  to  cause  to  be  provided  blank  certificates  of  regis- 
try, and  such  other  papers  as  may  be  necessary,  executed 
in  such  manner  and  with  such  marks  as  he  may  direct. 
No  certificate  of  registry  shall  be  issued,  except  such  as 
shall  have  been  so  provided  and  marked. 
F  h 'i4^i9o-^       The  Secretary  of  Commerce  and  Labor  shall  cause  to 
Sec.  10.       ^  b^  transmitted,  from  time  to  time,  to  the  collectors  of 
the  several  districts,  a  sufficient  number  of  forms  of  the 
certificates  of  registry,  attested  under  the  seal  of  the  De- 
Juiy  5, 1884.    partment  of  Commerce  and  Labor  and  the  hand  of  the 
Commissioner  of  Navigation,  with  proper  blanks,  to  be 
filled  by  the  collectors,  respectively,  by  whon^  also  the 
certificates  shall  be  signed  and  sealed,  before  they  are 
issued ;  and  where  there  is  a  naval  officer  at  any  port,  they 
shall  be  countersigned  by  him ;  and  where  there  is  a  sur- 
veyor, but  no  naval  officer,  they  shall  be  countersigned  by 
him.     A  copy  of  each  certificate  issued  shall  be  trans- 
mitted to  the   Commissioner  of  Navigation,   who  shall 
cause  a  record  to  be  kept  of  the  same. 

33.    Custody  and  surrender  of  register. 
R.  s.,  4146.  ^       A  certificate  of  registry  shall  be  solely  used  for  the  ves- 
sec  2^^'  ^^^^  ^^^  ^^^'  ^'^^i<^^  i^  ^s  granted,  and  shall  not  be  sold,  lent,  or 

otherwise  disposed  of,  to  any  person  whomsoever ;  and  in 


PART  III. DOCUMENTS   OF  VESSELS. 


87 


case  the  vessel  so  registered  shall  be  lost,  or  taken  by  an 
enemy,  burned,  or  broken  up,  or  shall  be  otherwise  pre- 
vented from  returning  to  the  port  to  which  she  may 
belong,  the  certificate,  if  preserved,  shall  be  delivered  up 
within  eight  days  after  the  arrival  of  the  master  or  person 
having  the  charge  or  command  of  such  vessel  within  any 
district  of  the  United  States,  to  the  collector  of  such  dis- 
trict; and  if  any  foreigner,  or  any  person  for  the  use 
and  benefit  of  such  foreigner,  shall  purchase  or  otherwise 
become  entitled  to  the  whole,  or  any  part  or  share  of,  or 
interest  in  such  vessel,  the  same  being  within  a  district  of 
the  United  States,  the  certificate  shall,  within  seven  days 
after  such  purchase,  change,  or  transfer  of  property,  be 
delivered  up  to  the  collector  of  the  district;  and  if  any 
such  purchase,  change,  or  transfer  of  property  shall  hap- 
pen when  such  vessel  shall  be  at  any  foreign  port  or  place, 
or  at  sea,  then  the  master  or  person  having  the  charge  or 
command  thereof  shall,  within  eight  days  after  his  arrival 
within  any  district  of  the  United  States,  deliver  up  the 
certificate  to  the  collector  of  such  district.  Any  master  or 
owner  violating  the  provisions  of  this  section  shall  be 
liable  to  a  penalty  of  not  exceeding  five  hundred  dollars, 
and  the  certificate  of  registr}^  shall  be  thenceforth  void. 
The  Secretary  of  Commerce  and  Labor  shall  have  the  Feb.  i4,  i903. 
power  to  remit  or  mitigate  such  penalty  if  in  his  opinion  ^^^-  ^^• 
it  was  incurred  without  willful  negligence  or  intention  of 
fraud. 


34.   Registers  to  corporations. 

Registers  for  vessels  owned  by  any  incorporated  com- 
pany may  be  issued  in  the  name  of  the  president  or  secre- 
tary of  such  company;  and  such  register  shall  not  be 
vacated  or  affected  by  sales  of  any  shares  of  stock  in  such 
company. 

Upon  the  death,  removal,  or  resignation  of  such  presi- 
dent or  secretary  of  any  incorporated  company  owning 
any  vessel,  a  new  register  shall  be  taken  out  for  such 
vessel. 

Previous  to  granting  a  register  for  any  vessel  owned  by 
any  incorporated  company,  or  by  an  individual  or  indi- 
viduals, the  president  or  secretary  of  such  company,  or 
any  other  officer  or  agent  thereof,  duly  authorized  by  said 
company  in  writing,  attested  by  the  corporate  seal  there- 
of, to  act  for  the  company  in  this  behalf,  or  the  managing 
owner,  or  his  agent  duly  authorized  by  power  of  attorney, 
when  such  vessel  is  owned  by  an  individual  or  individ- 
uals, shall  swear  to  the  ownership  of  the  vessel  without 
designating  the  names  of  the  persons  composing  the  com- 
pany, when  such  vessel  is  owned  by  a  corporation,  and 
the  oath  of  either  of  said  officers  or  agents  shall  be  deemed 
sufficient  without  requiring  the  oath  of  any  other  person 
interested  and  concerned  in  such  vessel. 


R.  S.,  4137. 


R.  S.,  4138. 


R.  S.,  4139. 
June  24, 1902. 


S8  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

35.  Change  of  owner. 

R.  s.,  4164.  Whenever   it   appears,   by   satisf actor}^   proof,   to   the 

s^^2^'  ^^^^  Commissioner  of  Navigation  that  an}^  vessel  has  been  sold 
and  transferred  b}^  process  of  law,  and  that  the  register 
of  such  vessel  is  retained  by  the  former  owner,  the  Com- 
missioner may  direct  the  collector  of  the  district  to  which 
such  vessel  may  belong  to  grant  a  new  register,  under 
such  sale,  on  the  OAvners  comphdng  with  such  terms  and 
conditions  as  are  by  law  required  for  granting  such 
pa])ers;  excepting  only  the  delivering  up  of  the  former 
certificate  of  registry.  But  nothing  in  this  section  shall 
be  construed  to  remove  the  liability  of  any  person  to  any 
penalty  for  not  surrendering  the  papers  belonging  to  any 
vessel,  on  a  transfer  or  sale  of  the  same. 
B:  &.,  41GG.  When  any  vessel,  registered  pursuant  to  anjrlaw  of  the 

United  States,  shall,  while  she  is  without  the  limits  of 
the  United  States,  be  sold  or  transferred  in  whole  or  in 
part  to  a  citizen  of  the  United  States,  such  vessel  on  her 
first  arrival  in  the  United  States  thereafter,  shall  be  enti- 
tled to  all  the  ]3rivileges  and  benefits  of  a  vessel  of  the 
United  States :  Provided^  That  all  the  requisites  of  law,  in 
order  to  the  registry  of  vessels,  shall  be  complied  with, 
and  a  new  certificate  of  registry  obtained  for  such  vessel, 
within  three  days  from  the  time  at  which  the  master  or 
other  person  having  the  charge  or  command  of  such  vessel 
is  required  to  make  his  final  report  ujDon  her  first  arrival 
afterward. 

36.  Change  of  build. 

R.  s.,  4170.  Whenever  any  vessel,  which  has  been  registered,  is,  in 

whole  or  in  part,  sold  or  transferred  to  a  citizen  of  the 
United  States,  or  is  altered  in  form  or  burden,  by  being 
lengthened  or  built  upon,  or  from  one  denomination  to 
another,  by  the  mode  or  method  of  rigging  or  fitting,  the 
vessel  shall  be  registered  anew,  by  her  former  name,  ac- 
cording to  the  directions  hereinbefore  contained,  other- 
wise she  shall  cease  to  be  deemed  a  vessel  of  the  United 
States.  The  former  certificate  of  registry  of  such  vessel 
shall  be  delivered  up  to  the  collector  to  whom  application 

Sec'^2^'  ^^^^  ^^^'  ^^^^^^  ^^^^'  registry  is  made,  at  the  time  that  the  same 
is  made,  to  be  by  him  transmitted  to  the  Commissioner  of 
Navigation,  who  shall  cause  the  same  to  be  canceled.  In 
every  such  case  of  sale  or  transfer,  there  shall  be  some  in- 
strument of  writing,  in  the  nature  of  a  bill  of  sale,  which 
shall  recite,  at  length,  the  certificate ;  otherAvise  the  ves- 
sel shall  be  incapable  of  being  so  registered  anew. 

37.  Change  of  master. 

B.  s.,  4171.  When  the  master  or  person  having  the  charge  or  com- 

mand of  a  registered  vessel  is  changed,  the  owner,  or  one 
of  the  owners,  or  the  new  master  of  such  A^essel,  shall 
report  such  change  to  the  collector  of  the  district  where 


PART   III. DOCUMENTS    OF   VESSELS. 


39 


July  5,  1884. 
Sec.  2. 


the  same  has  happened,  or  where  the  vessel  shall  first  be 
after  the  same  has  happened,  and  shall  produce  to  hmi  the 
certificate  of  registry  of  such  vessel,  and  shall  make  oath, 
showing  that  such  new^  master  is  a  citizen  of  the  United 
States,  and  the  manner  in  wdiich  or  means  whereby  he  is 
so  a  citizen.  Thereupon  the  collector  shall  indorse  upon 
the  certificate  of  registry  a  memorandum  of  such  change, 
specifying  the  name  of  such  new  master,  and  shall  sub- 
scribe the  memorandum  with  his  name;  and  if  other  than 
the  collector  of  the  district  by  whom  the  certificate  of  reg- 
istry was  granted,  shall  transmit  a  copy  of  the  memoran- 
dum to  him,  with  notice  of  the  particular  vessel  to  which 
it  relates;  and  the  collector  of  the  district,  by  whom  the 
certificate  shall  have  been  granted,  shall  make  a  like  mem- 
orandum of  such  change  in  his  book  of  registers,  and  shall 
transmit  a  copy  thereof  to  the  Commissioner  of  Naviga- 
tion. If  the  change  is  not  reported,  or  if  the  oath  is  not 
taken,  as  above  directed,  the  registry  of  such  vessel  shall 
be  void,  and  the  master  or  person  having  the  charge  or 
command  of  her  shall  be  liable  to  a  penalty  of  one  hun- 
dred dollars. 
38.   Mortg-ag-e  and  bill  of  sale. 

No  bill  of  sale,  mortgage,  hypothecation,  or  conveyance  R.  s.,  4192. 
of  any  vessel,  or  part  of  any  vessel,  of  the  United  States, 
shall  be  valid  against  any  person  other  than  the  grantor 
or  mortgagor,  his  heirs  and  devisees,  and  persons  having 
actual  notice  thereof,  unless  such  bill  of  sale,  mortgage,  . 
hypothecation,  or  conversance  is  recorded  in  the  office  of 
the  collector  of  the  customs  where  such  vessel  is  registered 
or  enrolled.  The  lien  by  bottomry  on  any  vessel,  created 
during  her  voyage,  by  a  loan  of  money  or  materials  neces- 
sary to  repair  or  enable  her  to  prosecute  a  voyage,  shall 
not,  however,  lose  its  priority,  or  be  in  any  way  affected 
by  the  provisions  of  this  section. 

The  collectors  of  the  customs  shall  record  all  such  bills  R-  S-,  4193. 
of  sale,  mortgages,  hypothecations,  or  conveyances,  and, 
also,  all  certificates  for  discharging  and  canceling  any 
such  conveyances,  in  books  to  be  kept  for  that  purpose,  in 
the  order  of  their  reception;  noting  in  such  books,  and 
also  on  the  bill  of  sale,  mortgage,  hypothecation,  or  con- 
veyance, the  time  when  the  same  was  received ;  and  shall 
certify  on  the  bill  of  sale,  mortgage,  hypothecation,  or 
conveyance,  or  certificate  of  discharge  or  cancellation,  the 
number  of  the  book  and  page  where  recorded;  but  no  bill  June  19,1886. 
of  sale,  mortgage,  hypothecation,  conveyance,  or  dis- 
charge of  mortgage  or  other  incumbrance  of  any  vessel, 
shall  be  recorded,  unless  the  same  is  duly  acknowledged 
before  a  notary  public  or  other  officer  authorized  to  take 
acknowledgment  of  deeds. 

The  collectors  of  the  customs  shall  keep  an  index  of  r.  s.,4i94. 
such  records,  inserting  alphabetically  the  names  of  the 
vendor  or  mortgagor,  and  of  the  purchaser  or  mortgagee, 


40  NAVIGATION    LAWS    OF    THE   UNITED    STATES. 

and  shall  2)ermit  such  index  and  books  of  records  to  be 
inspected  during  office  hours,  under  such  reasonable  regu- 
lations as  they  may  establish,  and  shall,  when  required, 
furnish  to  any  person  a  certificate,  setting  forth  the  names 
of  the  owners  of  any  vessel  registered  or  enrolled,  the 
parts  or  proportions  owned  by  each,  if  inserted  in  the 
register  or  enrollment,  and  also  the  material  facts  of  any 
existing  bill  of  sale,  mortgage,  hypothecation,  or  other 
incumbrance  upon  such  vessel,  recorded  since  the  issuing 
of  the  last  register  or  enrollment,  viz,  the  date,  amount 

juneio.isse.  of  such  incumbrance,  and  from  and  to  whom  or  in  whose 
favor  made. 

E.  s.,  4195.  The  collectors  of  the  customs  shall   furnish  certified 

copies  of  such  records,  on  the  receipt  of  fifty  cents  for  each 
bill  of  sale,  mortgage,  or  other  conveyance. 

E.  s.,  4196.  ji^ii  i^jijg  Q-j?  g^^g  Qf  vessels  registered  or  enrolled,  shall 

set  forth  the  part  of  the  vessel  owned  by  each  person  sell- 
ing, and  the  i:>art  conveyed  to  each  person  purchasing. 

39.  Sale  to  alien. 

R.  s.,  4172.  jf  r^j-^y  vessel  registered  as  a  vessel  of  the  United  States 
shall  be  sold  or  transferred,  in  whole  or  in  part,  by  way 
of  trust,  confidence,  or  otherwise,  to  a  subject  or  citizen  of 
any  foreign  prince  or  state,  and  such  sale  or  transfer  shall 
not  be  made  known,  as  hereinbefore  directed,  such  vessel, 
together  with  her  tackle,  apparel,  and  furniture,  shall  be 
forfeited.  If  such  vessel,  however,  be  so  ownecl  in  part 
.  only,  and  it  is  made  to  appear  to  the  jury  before  whom  the 
trial  for  such  forfeiture  is  had.  that  any  other  owner  of 
such  vessel,  being  a  citizen  of  the  United  States,  was 
wholly  ignorant  of  the  sale  or  transfer  to  or  ownership  of 
such  foreign  subject  or  citizen,  the  share  or  interest  of 
such  citizen  of  the  United  States  shall  not  be  subject  to 
such  forfeiture,  and  the  residue  only  shall  be  so  forfeited. 

40.  Loss  of  register. 

R.  s.,  4167.  A^^ienever  the  certificate  of  the  registry  of  any  vessel  is 

lost,  destroyed,  or  mislaid, the  master,  or  other  person  hav- 
ing the  charge  or  command  thereof,  may  make  oath  before 
the  collector  of  the  district  where  such  vessel  shall  first  be 
after  such  loss,  destruction,  or  mislaying,  in  the  form  fol- 
lowing :  "  I,  (inserting  here  the  name  of  the  person  swear- 
ing), being  master  (or  having  the  charge  or  command) 
of  the  ship  or  vessel  called  the  (inserting  the  name  of  the 
vessel),  do  swear  (or  affirm)  that  the  said  vessel  hath 
been,  as  I  verily  believe,  registered  according  to  law,  by 
the  name  of  (inserting  again  the  name  of  the  vessel),  and 
that  a  certificate  thereof  was  granted  by  the  collector  of 
the  district  of  (naming  the  district  where  registered), 
which  certificate  has  been  lost  (or  destroyed,  or  uninten- 
tionally and  by  mere  accident  mislaid,  as  the  case  may 
be)  ;  and  (except  where  the  certificate  is  alleged  to  have 
been  destroyed)  that  the  same,  if  found  again,  and  within 


PART  III. DOCUMENTS    OF   VESSELS. 


41 


my  power,  shall  be  delivered  up  to  the  collector  of  the  dis- 
trict in  which  it  w^as  granted."  Such  oath  shall  be  sub- 
scribed by  the  party  making  the  same ;  and  upon  such  oath 
being  made,  and  the  other  requisites  of  this  Title  [E.  S., 
4131-4305]  in  order  to  the  registry  of  vessels  being  com- 
plied with,  it  shall  be  lawful  for  the  collector  of  the  dis- 
trict before  whom  such  oath  is  made,  to  grant  a  new 
register,  inserting  therein  that  the  same  is  issued  in  lieu  of 
the  one  lost  or  destroyed. 

Whenever  a  register  is  granted  in  lieu  of  one  lost  or 
destroyed,  by  any  other  than  the  collector  of  the  district 
to  which  the  vessel  actually  belongs,  such  register  shall, 
within  ten  days  after  her  first  arrival  within  the  district 
to  which  she  belongs,  be  delivered  up  to  the  collector  of 
such  district,  who  shall,  thereupon,  grant  a  new  register  in 
lieu  thereof.  And  in  case  the  master  or  commander  shall 
neglect  to  deliver  up  such  register  within  the  time  above 
mentioned,  he  shall  be  liable  to  a  penalty  of  one  hundred 

shall  become  null  and 


register 


R.  S.,  4168. 


dollars;  and  the  former 
void. 

41.  Failure  to  deliver  former  register. 

In  every  case  in  which  a  vessel  is  required  to  be  regis- 
tered anew,  if  she  shall  not  be  so  registered  anew,  she  shall 
not  be  entitled  to  any  of  the  privileges  or  benefits  of  a  ves- 
sel of  the  United  States.  And  if  her  former  certificate  of 
registry  is  not  delivered  up,  except  where  the  same  may 
have  been  destroyed,  lost,  or  unintentionally  mislaid,  and 
an  oath  thereof  shall  have  been  made,  as  hereinbefore  pre- 
scribed, the  owner  of  such  vessel  shall  be  liable  to  a  pen- 
alty of  five  hundred  dollars,  to  be  recovered,  with  costs  of 
suit. 

42.  Cancellation  of  register. 

Every  certificate  of  registry  which  is  delivered  up  to  a 
collector  on  the  loss,  destruction,  or  capture  of  a  vessel,  or 
the  transfer  thereof  to  a  foreigner,  shall  be  forthwith 
transmitted  to  the  Commissioner  of  Navigation  to  be  can- 
celed ;  who,  if  the  same  shall  have  been  delivered  up  to  a 
collector  other  than  of  the  district  in  which  it  was  granted, 
shall  cause  notice  of  such  delivery  to  be  given  to  the  col- 
lector of  such  district. 

Whenever  the  master  or  owner  of  a  vessel  shall  deliver 
up  the  register  of  such  vessel,  agreeably  to  the  provisions 
of  this  Title  [E.  S.,  4131-4305],  if  to  the  collector  of  the 
district  wdiere  the  same  was  granted,  the  collector  shall 
thereupon  cancel  the  bond  which  shall  have  been  given  at 
the  time  of  granting  such  register ;  or  if  to  the  collector  of 
any  other  district,  such  collector  shall  grant  to  the  master, 
commander,  or  owner,  a  receipt  or  acknowledgment  that 
such  register  has  been  delivered  to  him,  and  the  time  when ; 
and  upon  such  receipt  being  produced  to  the  collector  by 
whom  the  register  was  granted,  he  shall  cancel  the  bond 


R.  S.,  4169. 


R.  S.,4174. 


July  5, 
Sec.  2. 


1884. 


R.  S.,  4175. 


Jan.  16, 1895. 


42  NAVIGATION"   LAWS    OF   THE   UNITED    STATES. 

of  the  party,  as  if  the  register  had  been  returned  to  him. 
[Note. — Bonds  abolished  January  16,  1895.     This  section 
applies  only  to  outstanding  bonds.] 
43.   Special  registry  law. 
May  10, 1892.      The  Secretary  of  Commerce  and  Labor  is  hereby  author- 
F^h  "i'4  100'^   ^^^^^  ^^^  directed  to  grant  registers,  as  vessels  of  the 
Sec.  10.'  United  States,  to  such  foreign-built  steamships  now  en- 

gaged in  freight  and  passenger  business,  and  sailing  in 
an  established  line  from  a  port  in  the  United  States,  as 
are  of  a  tonnage  of  not  less  than  eight  thousand  tons,  and 
capable  of  a  speed  of  not  less  than  twenty  knots  per  hour, 
according  to  the  existing  method  of  Government  test  for 
sjoeed,  of  which  not  less  than  ninety  per  centum  of  the 
shares  of  the  capital  of  the  foreign  corporation  or  asso- 
ciation owning  the  same  was  owned  January''  first,  eight- 
een hundred  and  ninety,  and  has  continued  to  be  owned 
until  the  passage  of  this  act  by  citizens  of  the  United 
States,  including  as  such  citizens  corporations  created 
under  the  laws  of  any  of  the  States  thereof,  upon  the 
American  owners  of  such  majority  interest  obtaining  a 
full  and  complete  transfer  and  title  to  such  steamships 
from  the  foreign  corporations  owning  the  same :  P)^o- 
vided,  That  such  American  owners  shall,  subsequent  to 
the  date  of  this  law,  have  built,  or  have  contracted  to 
build,  in  xVmerican  shipvards,  steamships  of  an  aggregate 
tonnage  of  not  less  in  amount  than  that  of  the  steamships 
so  admitted  to  registry.  Each  steamship  so  built  or  con- 
tracted for  to  be  of  a  tonnage  of  not  less  than  seven 
thousand  tons. 
May  10, 1892.  The  Secretary  of  Commerce  and  Labor,  on  being  satis- 
Feb  14  1903  ^®^^  ^^^^^  ^^^*^^  stcamships  so  acquired  by  American  citi- 
Sec.  10.'  ^  zens,  or  by  such  corporation  or  corporations  as  above  set 
forth,  are  such  as  come  within  the  provisions  of  this  act, 
and  that  the  American  owners  of  such  steamships,  for 
which  an  American  registry  is  to  be  granted  under  the 
provisions  hereof,  have  built  or  contracted  to  build  in 
American  shipyards  steamships  of  an  aggregate  tonnage 
as  set  forth  in  the  first  section  hereof,  shall  direct  the  bills 
of  sale  or  transfer  of  the  foreign-built  steamships  so  ac- 
quired to  be  recorded  in  the  office  of  the  collector  of  cus- 
toms of  the  proper  collection  district,  and  cause  such 
steamships  to  be  registered  as  vessels  of  the  United  States 
by  said  collector. 

After  which,  each  of  such  vessels  shall  be  entitled  to  all 
the  rights  and  privileges  of  a  vessel  of  the  United  States, 
except  that  it  shall  not  be  employed  in  the  coastwise 
trade  of  the  United  States. 
May  10, 1892.       ^o  further  or  other  inspection  shall  be  required  for  the 
®^*  •  said  steamship  or  steamships  than  is  now  required  for 

foreign  steamships  carrying  passengers  under  the  exist- 
ing laws  of  the  United  States,, and  a  special  certificate  of 
inspection  may  be  issued  for  each  steamship  registered 
under  this  act;  and  before  issuing  the  registry  to  any 


PART   III. DOCUMENTS   OF  VESSELS.  43 

such  steamship  as  a  vessel  of  the  United  States  the  col- 
lector of  customs  of  the  proper  collection  district  shall 
cause  such  steamship  to  be  measured  and  described  in 
accordance  with  the  laws  of  the  United  States,  which 
measurement  and  description  shall  be  recited  in  the 
certificate  of  registry  to  be  issued  under  this  act. 

Any  steamship  so  registered  under  the  provisions  of  Sec.  4. 
this  act  may  be  taken  and  used  by  the  United  States  as 
cruisers  or  transports  upon  payment  to  the  owners  of  the 
fair  actual  value  of  the  same  at  the  time  of  the  taking, 
and  if  there  shall  be  a  disagreement  as  to  the  fair  actual 
value  at  the  time  of  taking  between  the  United  States 
and  the  owners,  then  the  same  shall  be  determined  by 
two  impartial  appraisers,  one  to  be  appointed  by  each  of 
said  parties,  who,  in  case  of  disagreement,  shall  select  a 
third,  the  award  of  any  tw^o  of  the  three  so  chosen  to  be 
final  and  conclusive. 

[Note. — The  application  of  this  act  was  limited  in  effect 
to  the  New  York  and  Pa?is.] 

44.  Change  of  trade. 

The  collectors  of  the  several  districts  may  enroll  and  R.  s.,  4322. 
license  any  vessel  that  may  be  registered,  upon  such  regis- 
try being  given  up,  or  may  register  any  vessel  that  may  be 
enrolled,  upon  such  enrollment  and  license  being  given 
up. 

A\lien  any  vessel  shall  be  in  any  other  district  than  the  R-  s.,  4323. 
one  to  which  she  belongs,  the  collector  of  such  district,  on 
the  application  of  the  master  thereof,  and  upon  his  taking 
an  oath  that,  according  to  his  best  knowledge  and  belief, 
the  property  remains  as  expressed  in  the  register  or  en- 
rollment proposed  to  be  given  up,  shall  make  the  exchange  jan.  16, 1895. 
of  an  enrollment  for  a  register  or  a  register  for  an  enroll- 
ment ;  but  in  every  such  case,  the  collector  to  w^hom  the 
register  or  enrollment  and  license  may  be  given  up  shall 
transmit  the  same  to  the  Commissioner  of  Navigation ;  juiy  5,  1S84. 
and  the  register,  or  enrollment  and  license,  granted  in  lieu 
thereof,  shall,  within  ten  days  after  the  arrival  of  such 
vessel  within  the  district  to  which  she  belongs,  be  deliv- 
ered to  the  collector  of  the  district,  and  be  by  him  can- 
celed. If  the  master  shall  neglect  to  deliver  the  register 
or  enrollment  and  license  within  such  time,  he  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 

45.  Method  of  enrollment  and  license. 

In  order  for  the  enrollment  of  any  vessel,  she  shall  pos-  r.  s.,  4312. 
sess  the  same  qualifications,  and  the  same  requirements  in 
all  respects  shall  be  complied  w^ith,  as  are  required  before 
registering  a  vessel ;  and  the  same  powers  and  duties  are 
conferred  and  imposed  upon  all  officers,  respectively,  and 
the  same  proceedings  shall  be  had,  in  enrollment  of  ves- 
sels, as  are  prescribed  for  similar  cases  in  registering;  and 
vessels  enrolled,  with  the  masters  or  owners  thereof,  shall 


44  NAVIGATION   LAWS   OF   THE   UNITED    STATES. 

be  subject  to  the  same  requirements  as  are  prescribed  for 
registered  vessels. 

46.  Oath  of  master  and  owner. 

R.  s..  4320.  No  licensed  vessel  shall  be  employed  in  any  trade  where- 
by the  revenue  laws  of  the  United  States  shall  be  de- 
frauded. The  master  of  every  such  vessel  shall  swear 
that  he  is  a  citizen  of  the  United  States,  and  that  such 
license  shall  not  be  used  for  any  other  A^essel  or  any  other 
employment  than  that  for  which  it  was  specially  granted, 
or  in  any  trade  or  business  whereb}^  the  revenue  of  the 
United  States  may  be  defrauded;  and  if  such  vessels  be 
less  than  twenty  tons  burden,  the  husband  or  managing 
owner  shall  swear  that  she  is  wholly  the  property  of 
citizens  of  the  United  States;  whereupon  it  shall  be  the 
duty  of  the  collector  of  the  district  comprehending  the 
port  whereto  such  vessel  may  belong  to  grant  a  license. 
Jan.  16, 1895.  Any  master  or  owner  violating  the  provisions  of  this  sec- 
Sec.  5.  i[q-j^  shall  be  liable  to  the  penalty  of  two  hundred  dollars, 

Feb.  14, 1903.  jn  addition  to  any  other  penalty  imposed  by  law.     The 
Sec.  10.  Secretary  of  Commerce  and  Labor  shall  have  power  to 

remit  or  mitigate  any  such  penalty  if  in  his  opinion  it  was 
incurred  without  negligence  or  intention  of  fraud. 

47.  Fees. 

R.  s.,  4384.         All  vessels  subject  to  enrollment  or  license  shall  be  liable 

jimei9,i8SG.  ^^  ^^-^q  payment  of  the  fees  established  by  law  for  services 

of  customs  officers  incident  thereto.     [See  paragraph  469.] 

48.  Form  of  enrollment. 

The  record  of  the  enrollment  of  a  vessel  shall  be  made^ 
and  an  abstract  or  copy  thereof  granted,  as  nearly  as  may 
be  in  the  following  form :  ['']  Enrollment.  In  conformity 
to  Title  L,  [R.  S.  4311^390]  '  Regulation  of  vessels  in 
DOMESTIC  C03IMERCE,'  of  tlic  Rcvised  Statutcs  of  the 
United  States,  (inserting  here  the  name  of  the  person, 
with  his  occupation  and  place  of  abode,  by  whom  the  oath 
or  affirmation  is  to  be  made,)  having  taken  and  subscribed 
the  oath  (or  affirmation)  required  by  law,  and  having 
sworn  (or  affirmed)  that  he  (or  she.  and  if  more  than  one 
owner  adding  the  words  '  together  with,'  and  the  name  or 
names,  occupation  or  occupations,  place  or  places  of 
abode f,]  of  the  owner  or  owners,  and  the  part  or  propor- 
tion of  such  vessel  belonging  to  each  owner)  is  (or  are)  a 
citizen  (or  citizens)  of  the  United  States,  and  sole  owner 
(or  owners)  of  the  ship  or  vessel  called  the  (inserting 
here  her  name),  of  (inserting  here  the  name  of  the  port 
to  which  she  mnj  belong),  whereof  (inserting  here  the 
name  of  the  master)  is  at  present  master,  and  is  a  citizen 
of  the  United  States,  and  that  the  said  ship  or  vessel  was 
(inserting  here  when  and  where)  built,  and  (inserting 
here  the  name  and  office,  if  any,  of  the  person  by  whom  she 
shall  have  been  surveyed  and  measured),  having  certified 
that  the  said  ship  or  vessel  has  (inserting  here  the  number 


R.  S.,  4319. 
Apr.  24,  1900. 


PART   III. DOCUMENTS   OF   VESSELS.  45 

of  decks),  and  (insertino'  here  the  number  of  masts),  and 
that  her  length  is  (inserting  here  the  number  of  feet) ,  her 
breadth  (inserting  here  the  number  of  feet),  her  depth 
(inserting  here  the  number  of  feet),  and  that  she  meas- 
ures (inserting  here  her  number  of  tons)  ;  that  she  is  (de- 
scribing here  the  particular  kind  of  vessel,  whether  ship, 
bfigantine,  snow,  schooner,  sloop,  or  whatever  else,  to- 
gether with  her  build,  and  specifying  whether  she  has  any 
or  no  gallery  or  head),  ancl  the  said  (naming  the  owner 
or  the  master,  or  other  person  acting  in  behalf  of  the 
owner  or  owners,  by  whom  the  certificate  of  measurement 
shall  have  been  countersigned),  having  agreed  to  the  de- 
scription and  measurement  above  specified,  according  to 
the  said  Title,  the  said  ship  or  vessel  has  been  duly  en-  Jan.  i6, 1895. 
rolled  at  the  port  of  (naming  the  port  where  enrolled). 
Given  under  my  hand  and  seal,  at  (naming  the  said  port) , 
this  (inserting  the  particular  day)  day  of  (naming  the 
month),  in  the  year  (specifying  the  number  of  the  year, 
in  words,  at  length)." 

Under  the  direction  of  the  Secretary  of  Commerce  and  ^^p^'-  24, 1906. 
Labor  the  Commissioner  of  Navigation  is  hereby  author- 
ized and  directed  from  time  to  time  to  consolidate  into 
one  document  in  the  case  of  any  vessel  of  the  United  States 
of  twenty  net  register  tons  or  over,  the  form  of  enrollment 
prescribed  by  section  forty-three  hundred  and  nineteen  of 
the  Kevised  Statutes  and  the  form  of  license  prescribed 
by  section  forty-three  hundred  and  twenty-one  of  the  Re- 
vised Statutes,  and  such  consolidated  form  shall  hereafter 
be  issued  to  a  vessel  of  the  United  States  in  lieu  of  the 
separate  enrollment  and  license,  now  prescribed  by  law, 
and  shall  be  deemed  sufficient  compliance  with  the  re- 
quirements of  laws  relating  to  the  subject. 

This  Act  shall  not  be  construed  to  amend  any  law  now   sec.  8. 
in  force  concerning  the  compensation  of  officers 'of  the 
customs  for  service  connected  with  the  enrollment  and 
license  of  vessels. 
49.   Form  of  license. 

The  form  of  a  license  for  carrying  on  the  coasting-  ^[^^"^^^^^ 
trade  or  fisheries  shall  be  as  follows : 

"License  for  carrying  on  the  (here  insert  'coasting 
trade,'  '  whale-fishery,'  '  mackerel-fishery,'  or  '  cod-fishery,' 
as  the  case  ma 3^  be). 

"Li  pursuance  of  Title  L  [E.  S.,  4311-4390],  'Regula- 
tion  OF   VESSELS    IN   DO^MESTIC   COMMERCE,'   of   the   Rcviscd 

Statutes  of  the  United  States,  (inserting  here  the  name  of 
the  husband  or  managing  owner,  with  his  occupation  and 
place  of  abode),  and  the  name  of  the  master,  with  the 
place  of  his  abode,  having  [given  bond]  that  the  (insert 
here  the  description  of  the  vessel,  whether  ship,  brigan- 
tine,  snow^,  schooner,  sloop,  or  whatever  else  she  may  be) , 
called  the  (insert  here  the  vessel's  name),  whereof  the  said 
(naming  the  master)  is  master,  burden  (insert  here  the 


Apr.  24,  1906. 


Jan.  16,  1895. 


46  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

number  of  tons,  in  words)  tons,  as  appears  by  her  enroll- 
ment, dated  at  (naming  the  district,  day,  month  and  year, 
in  words  at  length,  but  if  she  be  less  than  twenty  tons,  in- 
sert, instead  thereof,  '  proof  being  had  of  her  admeasure- 
ment ')  shall  not  be  employed  in  any  trade,  while  this 
license  shall  continue  in  force,  whereby  the  revenue  of  the 
United  States  shall  be  defrauded,  and  having  also  sworn 
(or  affirmed)  that  this  license  shall  not  be  used  for  any 
other  vessel,  or  for  any  other  employment,  than  is  herein 
specified,  license  is  hereb}^  granted  for  the  said  (inserting 
here  the  description  of  the  vessel)  called  the  (inserting 
here  the  vessel's  name,)  to  be  employed  in  carrying  on  the 
(inserting  here  '  coasting-trade,'  '  whale-fishery,'  '  mack- 
erel-fishery,' or  'cod-fishery,'  as  the  case  may  be),  for  one 
year  from  the  date  hereof,  and  no  longer.  Given  under 
my  hand  and  seal  at  (naming  the  said  district),  this  (in- 
serting the  i^articular  day),  day  of  (naming  the  month), 
in  the  year  ( specif ving  the  number  of  the  year  in  words 
at  length)."     [Bonds  abolished  Jan.  16,  1895.] 

R.  s.,  4333.  The  collector  of  each  district  shall  progressively  number 
the  licenses  by  him  granted,  beginning  anew  at  the  com- 
mencement of  each  year,  and  shall  make  a  record  thereof 
in  a  book,  to  be  bj^  him  kept  for  that  purpose,  and  shall, 

July  5,  1884.  ouce  in  three  months,  transmit  to  the  Commissioner  of 
Navigation  copies  of  the  licenses  which  shall  have  been  so 
granted  by  him;  and  also  of  such  licenses  as  shall  have 
been  fjiven  up  or  returned  to  him,  respectively,  in  pur- 
suance of  this  Title  [R.  S.,  4311^390].  Whenever  any 
vessel  is  licensed  or  enrolled  anew,  or  being  licensed  or 
enrolled  is  afterward  registered,  or  being  registered  is 
afterward  enrolled  or  licensed,  she  shall,  in  every  such 
case,  be  enrolled,  licensed,  or  registered  by  her  former 
name. 

50.  Duration  of  license. 

E.  s.,  4324.  No  license,  granted  to  any  vessel,  shall  be  considered  in 

force  any  longer  than  such  vessel  is  owned,  and  of  the 
description  set  forth  in  such  license,  or  for  carrying  on 
any  other  business  or  employment  than  that  for  which 
she  is  specially  licensed. 

51.  Surrender  of  license. 

R.  s.,  4325.  The  license  granted  to  any  vessel  shall  be  presented 
Sec.' 2^^'  ^^^^'  ^^^'  renewal  by  endorsement  to  the  collector  of  customs  of 
the  district  in  which  the  vessel  then  may  be  within  three 
days  after  the  expiration  of  the  time  for  which  it  was 
granted,  or,  if  she  be  absent  at  that  time,  within  three 
days  from  her  first  arrival  within  a  district.  In  case  of 
change  of  build,  ownership,  district,  trade,  or  arrival 
under  temporary  papers  in  the  district  where  she  belongs 
the  license  shall  be  surrendered.  If  the  master  shall  fail 
to  deliver  the  license  he  shall  be  liable  to  a  penalty  of  ten 
dollars,  which  shall  not  he  mitigated. 


PAET  III. DOCUMENTS   OF   VESSELS.  47 

This  Act  shall  not  be  construed  to  amend  any  law  now   ^^^-  3. 
in  force  concerning  the  compensation  of  officers  of  the 
customs  for  service  connected  with  the  enrollment  and 
license  of  vessels. 

If  such  license.  hoAvever,  shall  have  been  previously  ^-  S-'  4326. 
given  up  to  the  collector  of  any  other  district,  as  author- 
ized by  this  Title  [E.  S.,  4311^390],  and  a  certificate 
thereof  under  the  hand  of  such  collector  be  produced  by 
such  master,  or  if  sueh  license  be  lost,  or  destroyed,  or 
unintentionally  mislaid  so  that  it  cannot  be  found,  and 
the  master  of  such  vessel  shall  make  and  subscribe  an  oath 
that  such  license  is  lost,  destroyed,  or  unintentionally  mi^s- 
laid,  as  he  verily  believes,  and  that  the  same,  if  found, 
shall  be  delivered  up,  as  is  herein  required,  then  the  pen- 
alty prescribed  in  the  preceding  section  shall  not  be  in- 
curred. If  such  license  shall  be  lost,  destroyed,  or  unin- 
tentionally mislaid,  before  the  expiration  of  the  time  for 
which  it  was  granted,  upon  the  like  oath  being  made  and 
subscribed  by  the  master  of  such  vessel,  the  collector, 
upon  application  being  made  therefor,  shall  license  such 
vessel  anew. 

The  owner  of  any  licensed  vessel  may  return  such  R-  s.,  4327. 
license  to  the  collector  who  granted  the  same,  at  anytime 
within  the  year  for  which  it  was  granted ;  and  thereupon 
the  collector  shall  cancel  the  same,  and  shall  license  such 
vessel  anew,  upon  the  application  of  the  owner,  and  upon 
the  conditions  hereinbefore  required  being  complied  with. 

52.    Enrollment  and  license  to  corporations. 

Enrollments  and  licenses  for  vessels  owned  by  any  in-   ^-  ^•'  '^^^^* 
corporated  company  may  be  issued  in  the  name  of  the 
president  or  secretary  of  such  company ;  and  such  enroll- 
ments or  licenses  shall  not  be  vacated  or  affected  by  aiiy 
sale  of  shares  of  stock  in  such  company. 

Previous  to  granting  enrollment  and  license  for  any  ^-  ^-  -1314. 
vessel  owned  by  any  incorporated  company,  or  by  an  indi-  ^"'^^  24,1902. 
vidual  or  individuals,  the  president  or  secretary  of  such 
company,  or  any  other  officer  or  agent  thereof,  duly  au- 
thorized by  said  company  in  writing,  attested  by  the  cor- 
porate seal  thereof,  to  act  in  its  behalf,  or  the  managing 
owner,  or  his  agent  duly  authorized  by  power  of  attorney, 
when  such  vessel  is  owned  by  an  individual  or  individuals, 
shall  swear  to  the  ownership  of  such  vessel  without  desig- 
nating the  names  of  the  persons  composing  such  company, 
Avhen  such  vessel  is  owned  by  a  corporation,  which  oath 
shall  be  deemed  sufficient  without  requiring  the  oath  of 
any  other  person  interested  or  concerned  in  such  vessel. 

Upon  the  death,  removal,  or  resignation  of  the  presi-   i^-  s.,  4315. 
dent  or  secretary  of  any  incorporated  company  owning 
any  steamboat  or  vessel,  a  new  enrollment  and  license 
shall  be  taken  out  for  such  steamboat  or  vessel. 


48  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

53.  Change  of  owner. 

R.  s.,  4329.  Whenever  it  appears,  by  satisfactory  proof,  to  the  Com- 
juiy  5,  1884.  j^iggJQj^gj.  of  Navigation  that  any  vessel  has  been  sold  and 
transferred  by  process  of  law,  and  that  the  certificate  of 
enrollment  or  license  of  such  vessel  is  retained  by  the  for- 
mer owner,  the  Commissioner  ma}^  direct  the  collector  of 
the  district  to  which  such  vessel  belongs  to  grant  a  nev/ 
certificate  of  enrollment  or  license,  on  the  owner's,  under 
such  sale,  complying  with  such  terms  and  conditions  as  are 
by  law  required  for  granting  of  such  papers,  excepting 
only  the  delivering  up  of  the  former  certificate  of  enroll- 
ment or  license.  But  nothing  in  this  section  shall  be  con- 
strued to  remove  the  liability  of  an}^  person  to  any  penalty 
for  not  surrendering  up  the  papers  belonging  to  any  ves- 
sel, on  a  transfer  or  sale  of  the  same. 

54.  Chang-e  of  master. 

R.  s.,  4335.  ^Vlienever  the  master  of  any  licensed  vessel,  ferry-boats 
excepted,  is  changed,  the  new  master,  or,  in  case  of  his 
absence,  the  owner  or  one  of  the  owners  thereof,  shall  re- 
port such  change  to  the  collector  residing  at  the  port 
where  the  same  happens,  if  there  be  one ;  otherwise,  to  the 
collector  residing  at  an}^  port  where  such  vessel  next 
arrives,  who,  upon  the  oath  of  such  new  master,  or,  in  case 
of  his  absence,  of  the  owner,  that  such  master  is  a  citizen 
of  the  United  States,  and  that  such  vessel  shall  not,  while 
such  license  continues  in  force,  be  employed  in  any  man- 
ner Avhereb}^  the  revenue  of  the  United  States  may  be  de- 
frauded, shall  indorse  such  change  on  the  license,  with  the 
name  of  the  new  master.  Whenever  such  change  is  not 
reported,  and  indorsed,  as  herein  required,  such  vessel,  if 
found  carrying  on  the  coasting-trade  or  fisheries,  shall  be 
subject  to  pay  the  same  fees  and  tonnage  as  a  vessel  of  the 
United  States  having  a  register,  and  the  new  master  shall 
be  liable  to  a  penalty  of  ten  dollars. 

55.  Certification  by  customs  officer. 

R.  s.,  4332.  In  every  case  where  the  collector  is  by  this  Title  [R.  S., 
4311-4390]  directed  to  grant  any  enrollment,  license,  cer- 
tificate, permit  or  other  document,  the  naval  officer  resid- 
ing at  the  port,  if  there  be  one,  shall  sign  the  same;  and 
every  surveyor  who  certifies  a  manifest,  or  grants  any  per- 
mit or  who  receives  any  certified  manifest,  or  any  per- 
mit, as  is  provided  for^in  this  Title,  shall  make  return 
thereof,  monthly,  or  sooner,  if  it  can  conveniently  be 
made,  to  the  collector  of  the  district  where  such  survevor 
resides. 

56.  Enrollment  outside  of  district. 

R.  s.,  4328.  Whenever  it  becomes  necessary  for  the  owner  of  any 

vessel  of  the  United  States  navigating  the  waters  of  the 


PART   III. DOCUMENTS   OF   VESSELS. 


49 


United  States,  and  being  in  a  district  other  than  that  to  ^p^-  17, 1874. 
which  such  vessel  belongs,  to  procure  her  enrollment  and 
license,  or  license,  or  renewal  thereof,  the  same  proceed- 
ings may  be  had  in  the  district  in  which  the  vessel  then  is 
as  are  required  by  law  on  application  for  such  enrollment 
and  license,  or  license,  or  renewal  thereof,  as  the  case  may 
be,  in  the  district  to  which  such  vessel  belongs,  excepting 
the  enrollment  and  issuance  of  license ;  and  the  officer  be-  jan.  16, 1895. 
fore  whom  such  proceeding  is  had  slmll  certify  the  same 
to  the  collector  of  the  district  to  which  such  vessel  belongs, 
wdio  shall  thereupon  duly  enroll  the  vessel  and  issue  li- 
cense in  the  same  form  as  if  the  application  had  origi- 
nally been  made  in  this  office;  and  shall  either  deliver  the 
license  to  the  owner,  or  forward  it  by  mail  to  the  officer 
who  certified  to  him  the  preliminary^  proceedings;  and  in 
the  latter  case,  such  officer  shall  deliver  the  license  to  the 
owner  or  master  of  the  vessel. 

57.   Special  provisions  for  enrollment  and  license. 

The  assistant  collector  at  Jersey  City  may  enroll  and  ^'  S-'  ^^^^^ 
license  all  vessels  engaged  in  the  coasting-trade  and  fish- 
eries, owned  in  whole  or  in  part  by  residents  of  the  coun- 
ties of  Hudson  and  Bergen,  in  the  State  of  New  Jersey. 

The  assistant  collector  for  the  port  of  Camden,  in  New  R.  s.,  4341. 
Jersey,  may  enroll  and  license  all  vessels  engaged  in  the 
coasting-trade  and  fisheries,  owned  in  whole  or  in  part  by 
residents  of  that  portion  of  the  Bridgeton  district  lying 
north  of  Alloway's  Creek,  in  the  county  of  Salem,  in  the 
State  of  New  Jersey. 

The  owners  of  vessels  residing  on  New  Eiver,  in  Onslow 
County,  in  the  State  of  North  Carolina,  shall  have  the 
privilege  of  taking  out  registers  or  enrollments  and 
licenses  at  Wilmington,  in  that  State,  and  the  collector  of 
that  district  may  grant  the  same  on  the  conditions  re- 
quired by  law. 

The  deputy  collector  who  may  be  appointed  to  reside  at 
Chesapeake  City,  in  Maryland,  shall  have  power  to  grant 
enrollments  and  licenses  to  vessels. 

The  Secretary  of  Commerce  and  Labor  may  authorize 
the  surveyor  of  any  port  of  delivery,  under  such  regula- 
tions as  he  shall  deem  necessary,  to  enroll  and  license  ves- 
sels to  be  employed  in  the  coasting-trade  and  fisheries,  in 
like  manner  as  collectors  of  ports  of  entry  are  authorized 
to  do. 

The  surveyors  appointed  for  the  ports  of  Cold  Spring,  R.  s.,  4345, 
on  the  north  side  of  Long  Island,  Greenport  and  Port 
JelTerson,  all  in  the  State  of  New  York,  shall  have  power 
to  enroll  and  license  vessels  to  be  employed  in  the  coasting 
trade  and  fisheries,  and  to  enter  and  clear,  and  grant  reg- 
isters and  other  usual  papers  to  vessels  employed  in  the 
whale-fisheries,  under  such  restrictions  and  regulations  as 
the  Secretary  of  Commerce  and  Labor  may  deem  neces- 
sary. 

96G94°— 11 4 


R.  S.,  4342. 


R.  S.,  4343. 


R.  S.,  4344. 
Feb.  14, 1903. 
Sec.  10. 


Feb.  14, 1903. 
Sec.  10. 


50  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

R.  s.,  4346.  j^jyy  surveyor  who  shall  perform  the  duties  directed  to 
be  performed  by  the  two  preceding  sections  shall  be  en- 
titled to  receive  the  same  commissions  and  fees  as  are 
alloAved  by  law  to  collectors,  for  performing  the  same 
duties. 

58.  Inspection  of  enrollment  and  license. 

R.  s.,  4336.  Any  officer  concerned  in  the  collection  of  the  revenue 
may  at  all  times  inspect  the  enrollment  or  license  of  any 
vessel ;  and  if  the  master  of  any  such  vessel  shall  not  ex- 
hibit the  same,  when  required  by  such  officer,  he  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 

59.  Record  of  American-built  vessels  owned  by  aliens. 

R.  s.,  4180.  Every  vessel  built  in  the  United  States,  and  belonging 
wholly  or  in  part  to  the  subjects  of  foreign  powers,  in 
order  to  be  entitled  to  the  benefits  of  a  ship  built  and  re- 
corded in  the  United  States,  shall  be  recorded  in  the  office 
of  the  collector  of  the  district  in  which  such  vessel  was 
built,  in  the  manner  following :  The  builder  of  every  such 
vessel  shall  make  oath  before  the  collector  of  such  district 
in  manner  following:  "I,  (inserting  here  the  name  of 
such  builder),  of  (inserting  here  the  place  of  his  resi- 
dence), shipwright,  do  swear  (or  affirm)  that  (describing 
here  the  kind  of  vessel,  as  whether  ship,  brig,  snow, 
schooner,  sloop,  or  whatever  else)  named  (inserting  here 
the  name  of  the  ship  or  vessel) ,  having  (inserting  here  the 
number  of  decks),  and  being  in  length  (inserting  here  the 
number  of  feet),  in  breadth  (inserting  here  the  number 
of  feet),  in  depth  (inserting  here  the  number  of  feet), 
and  measuring  (inserting  here  the  number  of  tons),  hav- 
ing (specifying  whether  any  or  no)  gallery,  and  (also 
specifying  whether  any  or  no)  head,  Avas  built  by  me  or 
under  m^^  direction  at  (naming  the  place,  county,  and 
State),  in  the  United  States,  in  the  year  (inserting  here 
the  number  of  the  year)."  Which  oath  shall  be  sub- 
scribed by  the  person  making  the  same,  and  shall  be 
recorded  in  a  book  to  be  kept  by  the  collector  for  that 
purpose. 

R.  s.,4181.  The  collector  shall  cause  the  vessel  so  built  to  be  sur- 
veyed or  measured,  and  the  person  by  whom  such  measure- 
ment is  made  shall  grant  a  certificate  thereof,  as  in  the 
case  of  a  vessel  to  be  registered,  which  certificate  shall  be 
countersigned  by  the  builder,  and  by  an  owner  or  the 
master  or  person  having  the  command  or  charge  thereof, 
'.  ■  ^r  by  some  other  f)erson  being  an  agent  for  "the  owner 
thereof,  in  testimony  of  the  truth  of  the  particulars 
therein  contained. 

R.  s.,  4182.  A  certificate  of  the  record,  attested  under  the  hand  and 

seal  of  the  collector,  shall  be  granted  to  the  master  of 
every  such  vessel,  as  nearly  as  mav  be,  of  the  form  fol- 
lowing: ''In  pursuance  of  chapter  one.  Title  XLVIII 
[R.  S., 4131-4305], "Regulation  of  Commerce  and  Navi- 


PART  III. DOCUMENTS   OF   VESSELS.  51 

GATiON,"  of  the  Revised  Statutes  of  the  United  States,  I, 
(inserting  here  the  name  of  the  collector  of  the  district), 
of  (inserting  here  the  name  of  the  district),  in  the  United 
States,  do  certify  that  (inserting  here  the  name  of  the 
builder),  of  (inserting  here  the  place  of  his  residence, 
county,  and  State),  having  sworn  (or  affirmed)  that  the 
(describing  the  ship  or  vessel,  as  in  the  certificate  of 
record)  named  (inserting  here  her  name),  whereof  (in- 
serting here  the  name  of  the  master)  is,  at  present,  master, 
w^as  built  at  (inserting  here  the  name  of  the  place,  county, 
and  State  where  built),  by  him  or  under  his  direction,  in 
the  year  (inserting  here  the  number  of  the  year)  ;  and 
(inserting  here  the  name  of  the  survej^or,  or  other  per- 
son, by  whom  the  measurement  shall  have  been  made) 
having  certified  that  the  said  ship  or  vessel  has  (insert- 
ing here  her  number  of  decks),  is  in  length  (insert- 
ing here  the  number  of  feet),  in  breadth  (inserting  here 
the  number  of  feet),  in  depth  (inserting  here  the  num- 
ber of  feet),  and  measures  (inserting  here  the  num- 
ber of  tons)  :  And  the  said  builder  and  (naming  and 
describing  the  owner,  or  master,  or  agent  for  the  owner 
or  owners,  as  the  case  may  be,  by  whom  the  said  cer- 
tificate shall  have  been  countersigned)  having  agreed 
to  the  said  description  and  admeasurement,  the  said 
vessel  has  been  recorded,  in  the  district  of  (inserting 
here  the  name  of  the  district  where  recorded),  in  the 
United  States.  AVitness  my  hand  and  seal  this  (inserting 
here  the  day  of  the  month)  day  of  (inserting  here  the 
name  of  the  month),  in  the  year  (inserting  here  the 
number  of  the  year)."  Which  certificate  shall  be  re- 
corded in  the  office  of  the  collector,  and  a  duplicate  thereof  July  5,  1884. 
transmitted  to  the  Commhsioner  of  Navigation  to  be  re- 
corded in  his  office. 

Whenever  the  master  or  tiie  name  of  a  vessel  so  recorded  R-  s.,  4183. 
is  changed,  the  owner,  part  owner,  or  consignee  of  such 
vessel  shall  cause  a  memorandum  thereof  to  be  indorsed 
on  the  certificate  of  the  record,  by  the  collector  of  the  dis- 
trict where  such  vessel  may  be,  or  at  which  she  shall  first 
arrive  if  such  change  took  place  in  a  foreign  country ;  and 
a  copy  thereof  shall  be  entered  in  the  book  of  records,  a 
transcript  whereof  shall  be  transmitted  by  the  collector  to 
the  collector  of  the  district  where  such  certificate  was 
granted,  if  not  the  same  person,  who  shall  enter  the  same 
in  his  book  of  records,  and  forward  a  duplicate  of  such  J^^y  ^'  1884. 
entry  to  the  Commissioner  of  Navigation;  and  in  such 
case,  until  the  owner,  part  owner,  or  consignee  shall  cause 
the  memorandum  to  be  made  by  the  collector,  in  the  man- 
ner above  prescribed,  such  vessel  shall  not  be  deemed  a 
vessel  recorded,  in  pursuance  of  this  Title  [R.  S.,  4131- 
4305]. 

The  master  or  other  person  having  the  command  or  ^-  S-t  4184. 
charge  of  any  vessel,  recorded  in  pursuance  of  this  Title 
[R.  S.,  4131-4305],  shall,  on  entry  of  such  vessel,  produce 


52  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

the  certificate  of  such  record  to  the  collector  of  the  district 
where  she  is  so  entered ;  and  in  default  thereof  the  vessel 
shall  not  be  entitled  to  the  privileges  of  a  recorded  vessel. 
60.   Offenses  against  the  registry  law. 

R.  s.,  4187.  Every  collector  or  officer  who  knowingly  makes,  or  is 

concerned  in  making,  any  false  register  or  record,  or  who 
knowingly  grants  or  is  concerned  in  granting,  any  false 
certificate  of  registry  or  record  of  or  for  any  vessel,  or  any 
other  false  document  whatever  touching  the  same,  con- 
trary to  the  true  intent  and  meaning  of  this  Title  [R.  S., 
4131-4305],  or  who  designedly  takes  any  other  or  greater 
fees  than  are  by  this  Title  allowed,  or  who  receives  any 
voluntary  reward  or  gratuity  for  any  of  the  services  per- 
formed, pursuant  thereto;  and  every  surveyor  or  other 
person  appointed  to  measure  any  vessel,  who  willfully 
delivers  to  any  collector  or  naval  officer  a  false  description 
of  such  vessel,  to  be  registered  or  recorded,  shall  be  pun- 
ishable by  a  fine  of  one  thousand  dollars,  and  be  rendered 
incapable  of  serving  in  any  office  of  trust  or  profit  under 
the  United  States. 

E.  s.,  4188.  If  any  person  authorized  and  required  by  this  Title 

[R.  S.,  4131-4305]  to  perform,  as  an  officer,  any  act  or 
thing,  willfully  neglects  to  do  or  perform  the  same,  ac- 
cording to  the  true  intent  and  meaning  of  this  Title,  he 
shall,  if  not  subject  to  the  penalty  and  disqualification 
prescribed  in  the  preceding  section,  be  punishable  by  a 
fine  of  five  hundred  dollars  for  the  first  offense,  and  by  a 
like  fine  for  the  second  offense,  and  shall  thenceforth  be 
rendered  incapable  of  holding  any  office  of  trust  or  profit 
under  the  United  States. 

R.  s.,  4189.  Whenever  any  certificate  of  registry,  enrollment,  or 
license,  or  other  record  or  document  granted  in  lieu 
thereof,  to  any  vessel,  is  knowingly  and  fraudulently  ob- 
tained or  used  for  any  vessel  not  entitled  to  the  benefit 
thereof,  such  vessel,  with  her  tackle,  apparel,  and  furni- 
ture, shall  be  liable  to  forfeiture. 

R.  s.,  4190.  No  sea-letter  or  other  document  certifying  or  proving 
any  vessel  to  be  the  property  of  a  citizen  of  the  United 
States  shall  be  issued,  except  to  vessels  duly  registered,  or 
enrolled  and  licensed  as  vessels  of  the  United  States,  or  to 
vessels  which  shall  be  wholly  owned  by  citizens  of  the 
United  States,  and  furnished  with  or  entitled  to  sea-letters 
or  other  custom-house  documents. 

R  s.,  4191.  Every  person  who  knowingly  makes,  utters,  or  pub- 

lishes any  false  sea-letter,  Mediterranean  passport,  or  cer- 
tificate of  registry,  or  who  knowingly  avails  himself  of 
any  such  Mediterranean  passport,  sea-letter,  or  certificate 
of  registry,  shall  be  liable  to  a  penalty  of  not  more  than 
five  thousand  dollars,  and,  if  an  officer  of  the  United 
States,  shall  thenceforth  be  incapable  of  holding  any  office 
of  trust  or  profit  under  the  authority  of  the  United  States. 


PAET  III. DOCUMENTS   OF  VESSELS. 


53 


R.  S.,  4374. 


61.   Offenses  against  enrollment  and  license  laws. 

Every  collector,  who  knowingly  makes  any  record  of  i^s., 4373. 
enrollment  or  license  of  any  vessel,  and  every  other  officer, 
or  pei'son,  appointed  by  or  under  them,  who  makes  any 
record,  or  grants  any  certificate  or  other  document  what- 
ever, contrary  to  the  true  intent  and  meaning  of  this  Title 
[R.  S.,  4311-4390],  or  takes  any  other  or  greater  fees 
than  are  by  this  Title  allowed,  or  receives  for  any  service 
performed  pursuant  to  this  Title,  any  reward  or  gratuity, 
and  every  surveyor,  or  other  person  appointed  to  measure 
vessels,  Avho  willfully  delivers  to  any  collector  or  naval 
officer  a  false  description  of  any  vessel,  to  be  enrolled  or 
licensed,  in  pursuance  of  this  Title,  shall  be  liable  to  a 
penalty  of  five  hundred  dollars,  and  be  rendered  incapable 
of  serving  in  any  office  of  trust  or  profit  under  the  United 
States. 

Every  person,  authorized  and  required  by  this  Title 
[E.  S.,  4311-4390]  to  perform  any  act  or  thing  as  an 
officer,  who  willfully  neglects  or  refuses  to  do  and  per- 
form the  same,  according  to  the  true  intent  and  meaning 
of  this  Title,  shall,  if  not  subject  to  the  penalty  and  dis- 
qualifications prescribed  in  the  preceding  section,  be  liable 
to  a  penalty  of  five  hundred  dollars  for  the  first  offense, 
and  of  a  like  sum  for  the  second  offense,  and  shalh  after 
conviction  for  the  second  offense,  be  rendered  incapable 
of  holding  any  office  of  trust  or  profit  under  the  United 
States. 

Every  person  who  forges,  counterfeits,  erases,  alters,  or 
falsifies  any  enrollment,  license,  certificate,  permit,  or 
other  document,  mentioned  or  required  in  this  Title 
[R.  S.,  4311-4390],  to  be  granted  by  any  officer  of  the 
reAxnue,  such  person,  so  offending,  shall  be  liable  to  a  pen- 
alty of  five  hundred  dollars. 

Every  person  who  assaults,  resists,  obstructs,  or  hinders  R.  s.,4876. 
any  officer  in  the  execution  of  any  act  or  law  relating  to 
the  enrollment,  registry,  or  licensing  of  vessels,  or  of  this 
Title  [II.  S.,  4311-4:390],  or  of  any  of  the  powers  or 
authorities  vested  in  him  by  any  such  act  or  law,  shall, 
for  every  such  offense,  for  which  no  other  penalty  is  par- 
ticularly provided,  be  liable  to  a  penalty  of  five  hundred 
dollars. 


R.  S.,  4375. 


Part  IV.— OFFICEES  OF  MERCHANT  VESSELS. 


62.  Citizenship  of  officers. 

63.  Duration  of  licenses. 

64.  Service  during  war. 

65.  Officer's  license. 

66.  Master's  license. 

67.  Mate's  license. 


68.  Engineer's  license. 

69.  Pilot's  license. 

70.  Master  or  mate  acting  as  pilot. 

71.  Oath  of  officer. 

72.  Removal  of  master. 


R.  S.,  4131. 


May  28, 
Sec.  I. 


1896, 


June  26, 1884. 
ficr.  1. 


May  28,  1896. 
Sec.  3. 


May  28,  1896, 
Sec.  2. 


62.  Citizenship  of  officers. 

All  the  officers  of  vessels  of  the  United  States  who  shall 
have  charge  of  a  watch,  including  pilots,  shall  in  all  cases 
be  citizens  of  the  United  States.  [Metlakahtla  Indians 
excepted  by  act,  March  4,  1907.] 

The  word  "officers"  shall  include  the  chief  engineer 
and  each  assistant  engineer  in  charge  of  a  watch  on  vessels 
propelled  wholly  or  in  part  by  steam;  and  after  the  first 
day  of  January,  eighteen  hundred  and  ninety-seven,  no 
person  shall  be  qualified  to  hold  a  license  as  a  commander 
or  watch  officer  of  a  merchant  vessel  of  the  United  States 
who  is  not  a  native-born  citizen,  or  whose  naturalization 
as  a  citizen  shall  not  have  been  fully  completed. 

In  cases  where  on  a  foreign  voyage,  or  on  a  voyage 
from  an  Atlantic  to  a  Pacific  port  of  the  United  States, 
any  such  vessel  is  for  any  reason  deprived  of  the  services 
of  an  officer  below  the  grade  of  master,  his  place,  or  a 
vacancy  caused  by  the  promotion  of  another  officer  to 
such  place,  may  be  supplied  by  a  person  not  a  citizen  of 
the  United  States  until  the  first  return  of  such  vessel  to 
its  home  port;  and  such  vessel  shall  not  be  liable  to  any 
penalty  or  penal  tax  for  such  employment  of  an  alien 
officer. 

63.  Duration  of  licenses. 

All  licenses  issued  to  such  officers  shall  be  for  a  term  of 
five  years,  but  the  holder  of  a  license  may  have  the  same 
renewed  for  another  five  years  at  any  time  before  its 
expiration:  Provided^  however^  That  any  officer  hokfing 
a  license,  and  who  is  engaged  in  a  service  which  necessi- 
tates his  continuous  absence  from  the  United  States,  may 
make  application  in  writing  for  one  renewal  and  transmit 
the  same  to  the  board  of  local  inspectors  with  a  statement 
of  the  applicant  verified  before  a  consul,  or  other  officer 
of  the  United  States  authoriEed  to  administer  an  oath, 
setting  forth  the  reasons  for  not  appearing  in  person;  and 

64 


PART  IV. OFFICERS   OF   MERCHANT  VESSELS.  55 

upon  receiving  the  same  the  board  of  local  inspectors 
that  originally  issued  such  license  shall  renew  the  same 
for  one  additional  term  of  such  license,  and  shall  notify 
the  applicant  of  such  renewal.  And  in  all  cases  where 
the  issue  is  the  suspension  or  revocation  of  such  licenses, 
whether  before  the  local  boards  of  inspectors  [of  steam 
vessels]  as  provided  for  in  section  forty-four  hundred 
and  fifty  of  the  Revised  Statutes,  or  before  the  supervis- 
ing inspector  as  provided  for  in  section  forty-four  hun- 
dred and  fifty-two  of  the  Revised  Statutes,  the  accused 
shall  be  allowed  to  appear  by  counsel  and  to  testify  in 
his  own  behalf. 

64.  Service  during  war. 

No  master,  mate,  pilot,  or  engineer  of  steam  vessels  May  28, 1896. 
licensed  under  title  fifty-two  [R.  S.,  4399-4500]  of  the  Re-  ^^'•^• 
vised  Statutes  shall  be  liable  to  draft  in  time  of  war,  ex- 
cept for  the  performance  of  duties  such  as  required  by  his 
license;  and,  while  performing  such  duties  in  the  service 
of  the  United  States,  ever}^  such  master,  mate,  pilot,  or 
engineer  shall  be  entitled  to  the  highest  rate  of  wages 
paid  in  the  merchant  marine  of  the  United  States  for 
similar  services;  and,  if  killed  or  wounded  while  per- 
forming such  duties  under  the  United  States,  thev,  or  their 
heirs,  or  their  legal  representatives  shall  be  entitled  to  all 
the  privileges  accorded  to  soldiers  and  sailors  serving  in 
the  Army  and  Navy,  under  the  pension  laws  of  the  United 
States. 

65.  Officer's  license. 

The  boards  of  local  inspectors  shall  license  and  classify  ^^^  o^^iggg 
the  masters,  chief  mates,  and  second  and  third  mates,  if   jan!  25!  1907.* 
in  charge  of  a  watch,  engineers,  and  pilots  of  all  steam    May  28, 1908. 
vessels,  and  the  masters  of  sail  vessels  of  over  seven  hun-   ^^-  ^• 
dred  gross  tons,  and  all  other  vessels  of  over  one  hundred 
gross  tons  carrying  passengers  for  hire.     It  shall  be  un- 
lawful to  employ  any  person,  or  for  any  person  to  serve, 
as  a  master,  chief  mate,  engineer,  or  pilot  of  any  steamer 
or  as  master  of  any  sail  vessel  of  over  seven  hundred  gross 
tons,  or  of  any  other  vessel  of  over  one  hundred  gross 
tons  carrying  passengers  for  hire,  who  is  not  licensed  by 
the  inspectors;  and  anyone  violating  this  section  shall  be 
liable   to   a   penalty    of   one   hundred   dollars   for   each 
offense.     [See  act  June  9,  1910,  p.  329.] 

Every  master,  mate,  engineer,  and  pilot  who  shall  pg^'j^'^^^goT 
receive  a  license  shall,  when  employed  upon  any  vessel, 
within  forty-eight  hours  after  going  on  duty,  place  his 
certificate  of  license,  which  shall  be  framed  under  glass, 
in  some  conspicuous  place  in  such  vessel,  where  it  can  be 
seen  by  passengers  and  others  at  all  times:  Provided.,  That 
in  case  of  emergency  such  officer  may  be  transferred  to 
another  vessel  of  the  same  OAvners  for  a  period  not  exceed- 
ing forty-eight  hours  without  the  transfer  of  his  license  to 


56  NAVIGATION    LAWS   OF   THE   UNITED    STATES. 

such  other  vessel;  and  for  every  neglect  to  comply  with 
this  provision  by  any  such  master,  mate,  engineer,  or  pilot, 
he  shall  be  subject  to  a  fine  of  one  hundred  dollars,  or  to 
the  revocation  of  his  license.  [See  act  June  9,  1910,  p. 
329.] 

66.  Master's  license. 

Dec  21^1898       Whenever  any  person  applies  to  be  licensed  as  master 
Sec.  2.  '  ^f  ^^lY  steam  vessel,  or  of  a  sail  vessel  of  over  seven  hun- 

dred tons,  the  inspectors  shall  make  diligent  inquiry  as  to 
his  character,  and  shall  carefully  examine  the  applicant 
as  well  as  the  proofs  which  he  presents  in  support  of  his 
claim,  and  if  they  are  satisfied  that  his  capacity,  experi- 
ence, habits  of  life,  and  character  are  such  as  warrant  the 
belief  that  he  can  safely  be  intrusted  with  the  duties  and 
responsibilities  of  the  station  for  which  he  makes  applica- 
tion, they  shall  grant  him  a  license  authorizing  him  to  dis- 
charge such  duties  on  any  such  vessel  for  the  term  of  five 
years;  but  such  license  shall  be  suspended  or  revoked  upon 
satisfactory  proof  of  bad  conduct,  intemperate  habits, 
incapacity,  inattention  to  his  duties,  or  the  willful  viola- 
tion of  any  provision  of  this  title  [R.  S.,  4399-1500]  ap- 
applicable  to  him.     [See  act  June  9,  1910,  p.  329.] 

67.  Mate's  license. 

Dec'4^1898       Whenever  any  person  applies  for  authority  to  be  em- 
Sec.  3.  '  ployed  as  chief  mate  of  ocean  or  coastwise  steam  vessels  or 

of  sail  vessels  of  over  seven  hundred  tons,  or  as  second  or 
third  mate  of  ocean  or  coastwise  steam  vessels,  who  shall 
have  charge  of  a  watch,  or  whenever  any  person  applies 
for  authority  to  be  employed  as  mate  of  river  steamers, 
the  inspectors  shall  require  satisfactory  evidence  of  the 
knowledge,  experience,  and  skill  of  the^applicant  in  lad- 
ing cargo  and  in  handling  and  stoAvage  of  freight,  and  if 
for  license  as  chief  mate  on  ocean  or  coastwise  steamers, 
or  of  sail  vessels  of  over  seven  hundred  tons,  or  as  second 
or  third  mate  of  ocean  or  coastwise  steamers,  who  shall 
have  charge  of  a  watch,  shall  also  examine  him  as  to  his 
knowledge  and  ability  in  navigation  and  managing  such 
vessels  and  all  other  duties  pertaining  to  his  station,  and 
if  satisfied  of  his  qualifications  and  good  character  they 
shall  grant  him  a  license  authorizing  him  to  perform  such 
duties  for  the  term  of  five  years  upon  the  waters  upon 
which  he  is  found  qualified  to  act ;  but  such  license  shall 
be  suspended  or  revoked  upon  satisfactory  proof  of  bad 
conduct,  intemperate  habits,  unskillfulness,  or  want  of 
knowledge  of  the  duties  of  his  station  or  the  willful  vio- 
lation of  any  provision  of  this  title  [E.  S.,  4399-45001 
[See  act  June  9,  1910,  p.  329.] 

68.  Engineer's  license. 

Whenever  any  person  applies  for  authority  to  perform 
the  duties  of  engineer  of  any  steam-vessel,  the  inspectors 
shall  examine  the  applicant  as  to  his  knowledge  of  steam- 


R.  S.,  4441. 


PART    IV. OFFICEilS    OF    MERCHAI^T    VESSELS.  57 

machinery,  and  his  experience  as  an  engineer,  and  also  the 
proofs  which  he  produces  in  support  of  his  claim ;  and  if, 
upon  full  consideration,  the}^  are  satisfied  that  his  char- 
acter, habits  of  life,  knowledge,  and  experience  in  fhe 
duties  of  an  engineer  are  all  such  as  to  authorize  the  be- 
lief that  he  is  a  suitable  and  safe  person  to  be  intrusted 
with  the  powers  and  duties  of  such  a  station,  they  shall 
grant  him  a  license,  authorizing  him  to  be  employed  in 
such  duties  for  the  term  of  five  years,  in  which  they  shall 
assign  him  to  the  appropriate  class  of  engineers;  but  such  ^^^  ^^'  ^^^^• 
license  shall  be  suspended  or  revoked  upon  satisfactory 
proof  of  negligence,  unskillfulness,  intemperance,  or  the 
willful  violation  of  any  provision  of  this  Title  [R.  S., 
4399-4500].  '\'\nienever  complaint  is  made  against  any 
engineer  holding  a  license  authorizing  him  to  take  charge 
of  the  boilers  and  machinery  of  any  steamer,  that  he  has, 
through  negligence  or  want  of  skill,  permitted  the  boilers 
in  his  charge  to  burn  or  otherwise  become  in  bad  condi- 
tion, or  that  he  has  not  kept  his  engine  and  machinery  in 
good  working  order,  it  shall  be  the  duty  of  the  inspectors, 
upon  satisfactory  proof  of  such  negligence  or  want  of 
skill,  to  revoke  the  license  of  such  engineer  and  assign 
him  to  a  lower  grade  or  class  of  engineers,  if  they  find 
him  fitted  therefor.     [See  act  June  9,  1910,  p.  329!] 

69.  Pilot's  license. 

Whenever  any  person  claiming  to  be  a  skillful  pilot  of  r.  s.,  4442. 
steam-vessels  offers  himself  for  a  license,  the  inspectors 
shall  make  diligent  inquiry  as  to  his  character  and  merits, 
and  if  satisfied,  from  personal  examination  of  the  appli- 
cant, wath  the  proof  that  he  offers  that  he  possesses  the 
requisite  knowledge  and  skill,  and  is  trustAvorthy  and 
faithful,  they  shall  grant  him  a  license  for  the  term  of  May  28, 1896. 
five  years  to  pilot  any  such  vessel  within  the  limits  pre- 
scribed in  the  license ;  but  such  license  shall  be  suspended 
or  revoked  upon  satisfactory  evidence  of  negligence,  un- 
skillfulness, inattention  to  the  duties  of  his  station,  or 
intemperance,  or  the  willful  violation  of  any  provision 
of  this  title  [R.  S.,  4399-4500].  [See  act  June  9,  1910, 
p.  329.] 

70.  Master  or  mate  acting  as  pilot. 

Where  the  master  or  mate  is  also  pilot  of  the  vessel,  he   R-  s.,  4443. 
shall  not  be  required  to  hold  two  licenses  to  perform  such 
duties,  but  the  license  issued  shall  state  on  its  face  that 
he  is  authorized  to  act  in  such  double  capacity.     [See  act 
June  9,  1910,  p.  329.] 

71.  Oath  of  officer. 

Every  master,  chief  mate,  engineer,  and  pilot,  who  re-   ^-  S' ^^^^' 
ceives  a  license,  shall,  before  entering  upon  his  duties, 
make  oath  before  one  of  the  inspectors  herein  provided 
for,  to  be  recorded  with  the  certificate,  that  he  will  faith- 
fully and  honestly,  according  to  his  best  skill  and  judg- 


58  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

ment,  without  concealment  or  reservation,  perform  all 
the  duties  required  of  him  b}^  laAV. 
Mar.  23, 1900.  Ever}^  applicant  for  license  as  either  master,  mate,  pilot, 
or  engineer  under  the  provisions  of  this  title  [R.  S.,  4399- 
4500]  shall  make  and  subscribe  to  an  oath  or  ailirmation, 
before  one  of  the  inspectors  referred  to  in  this  title,  to 
the  truth  of  all  the  statements  set  forth  in  his  application 
for  such  license. 

Any  person  who  shall  make  or  subscribe  to  any  oath  or 
affirmation  authorized  in  this  title  and  knowing  the  same 
to  be  false  shall  be  deemed  guilty  of  perjury. 

Every  licensed  master,  mate,  pilot,  or  engineer  who  shall 
change,  by  addition,  interpolation,  or  erasure  of  any 
kind,  any  certificate  or  license  issued  by  any  inspector  or 
inspectors  referred  to  in  this  title  shall,  for  every  such 
offense,  upon  conviction,  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars  or  by  imprisonment  at 
hard  labor  for  a  term  not  exceeding  three  years. 
72.  Removal  of  master. 
B.  s.,  4250.  ^j^y  person  or  body  corporate  having  more  than  one- 
half  ownership  of  any  vessel  shall  have  the  power  to  re- 
move a  master,  who  is  also  part  owner  of  such  vessel,  as 
such  majority  owners  have  to  remove  a  master  not  an 
owner.  This  section  shall  not  apph^  where  there  is  a 
valid  written  agreement  subsisting,  by  virtue  of  which 
such  master  would  be  entitled  to  possession,  nor  in  any 
case  where  a  master  has  possession  as  part  owner,  obtained 
before  the  ninth  day  of  April,  eighteen  hundred  and 
seventy-two. 


Part  v.— merchant  SEAMEN. 


73. 

Definitions. 

94. 

74. 

Exemption  from  militia  duty. 

75. 

Naturalization  and  citizenship  of 
seamen. 

95. 

76. 

Shipping  ofiicers. 

96. 

77. 

Illegal  shipments. 

78. 

Owners  or  masters  may  ship  sea- 

97. 

men  in  certain  cases. 

98. 

79. 

Apprentices. 

80. 

Agreement  to  ship  in  foreign  trade. 

99. 

81. 

Period  of  engagement. 

82. 

Penalty      of     shipment     without 

100. 

agreement. 

101. 

83. 

Undermanning. 

84. 

Shipment  in  foreign  ports  before 

102. 

consuls. 

103. 

85. 

Crew  list. 

104. 

86. 

Failure  to  produce  crew. 

105. 

87. 

Papers  relating  to  crew. 

106. 

88. 

Shipment  of  seamen  in  the  coast- 

107. 

ing  or  near-by  foreign  trade. 

108. 

89. 

Agreement  in  coasting  trade  not 

109. 

before  commissioner. 

110. 

90. 

Agreement  with  fishermen. 

111. 

91. 

Discharge  in  foreign  trade. 

92. 

Discharge  in  foreign  ports. 

93. 

Wages. 

112. 

Vessels  exempt  from  libel  for 
wages. 

Advances  and  allotments  of 
wages. 

Wages  and  clothing  exempt  from 
attachment. 

Desertion  of  seamen  abroad. 

Desertion  of  foreign  seamen  in 
the  United  States. 

Arbitration  before  shipping-com- 
missioner. 

Soliciting  lodgers. 

Return  of  seamen  from  foreign 
ports  and  Alaska. 

Effects  of  deceased  seamen. 

Ofteuses  and  punishments. 

Corporal  punishment  prohibited. 

Procedure. 

Form  of  articles  of  agreement 

Account  of  apprentices. 

Scale  of  provisions. 

Certificate  of  discharge. 

Sick  and  disabled  seamen. 

Jurisdiction  over  American  sea- 
men in  foreign  ports  and  for- 
eign seamen  in  American  ports. 

Seamen's  witness  fees. 


73.   Definitions. 

In  the  construction  of  this  Title  [R.  S.,  4501-4613], 
every  person  having  the  command  of  any  vessel  belonging 
to  any  citizen  of  the  United  States  shall  be  deemed  to  be 
'^master"  thereof;   and  every  person    (apprentices 


R.  S.,  4612. 


the 


excepted)  who  shall  be  employed  or  engaged  to  serve  m 
any  capacity  on  board  the  same  shall  be  deemed  and  taken 
to  be  a  "  seaman ;  "  and  the  term  ^'  vessel  "  shall  be  under- 
stood to  comprehend  every  description  of  vessel  navigat- 
ino-  on  any  sea  or  channel,  lake  or  river,  to  which  the  pro- 
vis'ions  of  this  Title  may  be  applicable,  and  the  term 
"owner"  shall  be  taken  and  understood  to  comprehend 
all  the  several  persons,  if  more  than  one,  to  whom  the  ves- 
sel shall  belong. 
74.   Exemption  from  militia  duty. 

Pilots,  mariners  actually  employed  in  the  sea  service  of 
any  citizen  or  merchant  within  the  United  States,  and  all 
persons  who  are  exempted  by  the  laws  of  the  respective 

59 


.Tan.  26,  1903. 
Sec.  2. 


60  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

States  or  Territories  shall  be  exempted  from  militia  duty, 
witlioiu  regard  to  age. 

75.    Naturalization  and  citizenship  of  seamen. 

R.  s.,  2174.  Every  seaman,  being  a  foreigner,  who  declares  his  in- 

tention of  becoming  a  citizen  of  the  United  States  in  any 
competent  court,  and  shall  liaA-e  served  three  years  on 
borsrd  of  a  merchant  vessel  of  the  United  States  subse- 
quent to  the  date  of  such  declaration,  may,  on  his  applica- 
tion to  any  competent  court,  and  the  production  of  his 
certificate  of  discharge  and  good  conduct  during  that 
time,  together  with  the  certificate  of  his  declaration  of 
intention  to  become  a  citizen,  be  admitted  a  citizen  of  the 
United  States;  and  every  seaman,  being  a  foreigner,  shall, 
after  his  declaration  of  intention  to  become  a  citizen  of 
the  United  States,  and  after  he  shall  have  served  such 
three  years,  be  deemed  a  citizen  of  the  United  States  for 
the  purpose  of  manning  and  serving  on  board  any 
merchant-vessel  of  the  United  States,  anything  to  the 
contrary  in  any  act  of  Congress  notwithstanding;  but 
such  seaman  shall,  for  all  purposes  of  protection  as  an 
American  citizen,  be  deemed  such,  after  the  filing  of  his 
declaration  of  intention  to  become  such  citizen. 

R.  s.,  4588.  The  collector  of  every  district  shall  keep  a  book  or 
books,  in  which,  at  the  request  of  any  seaman,  being  a 
citizen  of  the  United  States  of  America,  and  producing 
proof  of  his  citizenship,  authenticated  in  the  manner 
hereinafter  directed,  he  shall  enter  the  name  of  such  sea- 
man, and  shall  deliver  to  him  a  certificate,  in  the  follow- 
ing form,  that  is  to  say :  "I,  A.  B.,  collector  of  the  dis- 
trict of  D.,  do  hereby  certify,  that  E.  F.,  an  American 

seaman,  aged years,  or  thereabouts,  of  the  height 

of ^ —  feet inches,  (describing  the  said  seaman 

as  particularly  as  may  be,)  has,  this  day,  produced  to  me 
proof  in  the  manner  directed  by  law;  and  I  do  hereby 
certify  that  the  said  E.  F.  is  a  citizen  of  the  United  States 
of  America.     In  witness  whereof,  I  have  hereunto  set  my 

June  19, 1886.  ^^nd  and  seal  of  office,  this  day  of  ."     It 

shall  be  the  duty  of  the  collectors  to  file  and  preserve  the 
proofs  of  citizenship  so  produced. 

R.  s.,  4591.  The  collector  of  every  port  of  entry  in  the  United 

States  shall  send  a  list  of  the  seamen  to  whom  certificates 
of  citizenship  have  been  granted,  once  every  three  months, 
to  the  Secretary  of  State  [together  with  an  account  of 
such  impressments  or  detentions,  as  shall  appear,  by  the 
protests  of  the  masters,  to  have  taken  place]. 
76.   Shipping  ojSicers. 

E.  s.,  4308.         The  general  duties  of  a  shipping-commissioner  shall  be : 
First.  To  afford  facilities  for  engaging  seamen  by  keep- 
ing a  register  of  their  names  and  characters. 

Second.  To    superintend    their   engagement   and    dis- 
charge, in  manner  prescribed  by  law. 


PART   V. MERCHANT   SEAMEN".  61 

Third.  To  provide  means  for  securing  the  presence  on 
board  at  the  proper  times  of  men  who  are  so  engaged. 

Fourth.  To  facilitate  the  making  of  apprenticeships 
to  the  sea  service. 

P'ifth.  To  perform  such  other  duties  relating  to  mer- 
chant seamen  or  merchant  ships  as  are  now  or  may  here- 
after be  required  by  law. 

In  any  port  in  which  no  shipping-commissioner  shall  R.  s.,  4503. 
have  been  appointed,  the  whole  or  any  part  of  the  busi- 
ness of  a  shipping-commissioner  shall  be  conducted  by  the 
collector  or  deputy  collector  of  customs  of  such  port ;  and 
in  respect  of  such  business  such  custom-house  shall  be 
deemed  a  shipping-office,  and  the  collector  or  deputy  col- 
lector of  customs  to  whom  such  business  shall  be  com- 
mitted, shall,  for  all  purposes,  be  deemed  a  shipping- 
commissioner  within  the  meaning  of  this  Title  [11.  S., 
4501-4613]. 

Every  shipping-commissioner,  and  every  clerk  or  em-  R.  s.,  4595. 
ploye  in  any  shipping-office,  who  demands  or  receives  any  ^^^'  ^'  ^^^^' 
remuneration  whatever,  either  directly  or  indirectly,  for 
hiring  or  supplying  any  seaman  for  any  merchant-vessels,   June  19,1886. 
excepting  the  laAvful  fees  payable  under  this  Title  [R.  S., 
4501-4613],  shall,  for  every  such  offense,  be  liable  to  a 
penalty  of  not  more  than  two  hundred  dollars.     [Fees 
payable  by  individuals  abolished  June  19,  1886.] 

77.   Illegal  shipments. 

Whoever,  with  intent  that  any  person  shall  perform  Mar.  4, 1909. 
service  or  labor  of  any  kind  on  board  of  any  vessel  en-   ^^^-  ^^' 
gaired  in  trade  and  commerce  among  the  several  States  or 
with  foreign  nations,  or  on  board  of  any  vessel  of  the  ^^^p|^|^^^^^* 
United  States  engaged  in  navigating  the  high  seas  or       *   ' 
any  navigable  water  of  the  United  States,  shall  procure 
or 'induce,  or  attempt  to  procure  or  induce,  another,  by 
force  or  threats  or  by  representations  which  he  knows 
or  believes  to  be  untrue,  or  while  the  person  so  procured 
or  induced  is  intoxicated  or  under  the  influence  of  any 
drug,  to  go  on  board  of  any  such  vessel,  or  to  sign  or  in 
anywise  enter  into  any  agreement  to  go  on  board  of  any 
such  vessel  to  perform  service  or  labor  thereon ;  or  who- 
ever shall  knoAvingly  detain  on  board  of  any  such  vessel 
any  person  so  procured  or  induced  to  go  on  board  thereof, 
or  to  enter  into  any  agreement  to  go  on  board  thereof,  by 
any  means  herein  defined;  or  whoever  shall  knowingly 
aid  or  abet  in  the  doing  of  any  of  the  things  herein  made 
unlawful,  shall  be  fined  not  more  than  one  thousand  dol- 
lars, or  imprisoned  not  more  than  one  year,  or  both. 

All  shipments  of  seamen  made  contrary  to  the  provi-  R-S.,4523. 
sions  of  anv  act  of  Congress  shall  be  void ;  and  any  sea- 
man so  shipped  may  leave  the  service  at  any  time,  and 
shall  be  entitled  to  recover  the  highest  rate  of  Avages  of 
the  port  from  which  the  seaman  was  shipped,  or  the  sum 
agreed  to  be  given  him  at  his  shipment. 


62  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

78.  Owners  or  masters  may  ship  seamen  in  certain  cases. 

E.  s.,  4504.  ^\jjy  person  other  than  a  commissioner  under  this  Title 

[R.  S.,  4501-4G13],  who  shall  perform  or  attempt  to  per- 
form, either  directly  or  indirectly,  the  duties  which  are  by 
this  Title  set  forth  as  pertaining  to  a  shipping-commis- 
sioner, shall  be  liable  to  a  penalty  of  not  more  than  five 
hundred  dollars. 

Nothing  in  this  Title  [R.  S.,  4501^613],  however,  shall 
prevent  the  owner,  or  consignee,  or  master  of  any  vessel 
except  vessels  bound  from  a  port  in  the  United  States  to 
any  foreign  port,  other  than  vessels  engaged  in  trade  be- 
tween the  United  States  and  the  British  North  American 
possessions,  or  the  West  India  Islands,  or  the  republic  of 
Mexico,  and  vessels  of  the  burden  of  seventy-five  tons  or 
upward  bound  from  a  port  on  the  Atlantic  to  a  port  on 
the  Pacific,  or  vice  versa,  from  performing,  himself,  so  far 
as  his  vessel  is  concerned,  the  duties  of  shipping-commis- 
sioner under  this  Title,  ^^^lenever  the  master  of  any  ves- 
sel shall  engage  his  crew,  or  any  part  of  the  same,  in  any 
collection-district  where  no  shipping-commissioner  shall 
have  been  appointed,  he  may  perform  for  himself  the 
duties  of  such  commissioner. 

79.  Apprentices. 

E.  s.,  4509.  Every  shipping-commissioner  appointed  under  this 
Title  [R.  S.,  4501-4G13]  shall,  if  applied  to  for  the  pur- 
pose of  apprenticing  boys  to  the  sea -service,  by  any  master 
or  owner  of  a  vessel,  or  by  any  person  legally  qualified, 
give  such  assistance  as  is  in  his  power  for  facilitating  the 
making  of  such  apprenticeships;  but  the  shipping-com- 
missioner shall  ascertain  that  the  boy  has  voluntarily  con- 
sented to  be  bound,  and  that  the  parents  or  guardian  of 
such  boy  have  consented  to  such  apprenticeship,  and  that 
he  has  attained  the  age  of  twelve  years,  and  is  of  suffi- 
cient health  and  strength,  and  that  the  master  to  whom 
such  boy  is  to  be  bound  is  a  proper  person  for  the  purpose. 
Such  ajDprenticeship  shall  terminate  when  the  apprentice 
becomes  eighteen  years  of  age.  The  shipping-commis- 
sioner shall  keep  a  register  of  all  indentures  of  apprentice- 
ship made  before  him. 

E.S.,  4510.  rfY^^  master  of  every  foreign-going  vessel  shall,  before 
carrying  any  apprentice  to  sea  from  an}^  place  in  the 
United  States,  cause  such  apprentice  to  apj^ear  before  the 
shipping-commissioner  before  whom  the  crew  is  engaged, 
and  shall  produce  to  him  the  indenture  by  which  such  ap- 
prentice is  bound,  and  the  assignment  or  assignments 
thereof,  if  any ;  and  the  name  of  the  apprentice,  with  the 
date  of  the  indenture  and  of  the  assignment  or  assignments 
thereof,  if  any,  shall  be  entered  on  the  agreement ;  which 
shall  be  in  the  form,  as  near  as  may  be,  given  in  the  table 
marked  "A"  in  the  schedule  annexed  to  this  Title  [R.  S., 
4501-4613] ;  and  no  such  assignment  shall  be  made  with- 


PART  V. — MEECHANT  SEAMEN. 


63 


out  the  approval  of  a  commipsioner,  of  the  apprentice, 
and  of  his  parents  or  his  guardian.     For  any  violation 
of  this  section,  the  master  shall  be  liable  to  a  penalty  of 
not  more  than  one  hundred  dollars. 
80.   Agreement  to  ship  in  foreign  trade. 

The  master  of  every  vessel  bound  from  a  port  in  the  i^-  s.,  4511. 
United  States  to  any  foreign  port  other  than  vessels  en- 
iraged  in  trade  betAveen  the  United  States  and  the  British 
North  American  possessions,  or  the  West  India  Islands,  or 
the  republic  of  Mexico,  or  of  any  vessel  of  the  burden  of 
seventy-five  tons  or  upward,  bound  from  a  port  on  the 
Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  shall,  be- 
fore he  proceeds  on  such  voyage,  make  an  agreement,  in 
writing  or  in  print,  with  every  seaman  whom  he  carries  to 
sea  as  one  of  the  crew,  in  the  manner  hereinafter  men- 
tioned; and  every  such  agreement  shall  be,  as  near  as  may 
be,  in  the  form  aiven  in  the  table  marked  A,  in  the  sched- 
ule annexed  to  this  Title  [R.  S.,  4501-4613],  and  shall  be 
dated  at  the  time  of  the  first  signature  thereof,  and  shall 
be  signed  by  the  master  before  any  seaman  signs  the  same, 
and  shall  contain  the  following  particulars: 

First.  The  nature  and,  as  far  as  practicable,  the  dura- 
tion of  the  intended  voyage  or  engagement,  and  the  port 
or  country  at  which  the  voyage  is  to  terminate. 

Second.  The  number  and  description  of  the  crew,  speci- 
fying their  respective  employments. 

^  Third.  The  time  at  which  each  seaman  is  to  be  on  board, 
to  begin  work. 

Fourth.  The  capacity  in  which  each  seaman  is  to  serve. 

Fifth.  The  amount  of  wages  which  each  seaman  is  to 
receive. 

Sixth.  A  scale  of  the  provisions  which  are  to  be  fur- 
nished to  each  seaman. 

Seventh.  Any  regulations  as  to  conduct  on  board  and   ^^^J-^^  i»^'- 
as  to  fines,  short  allowances  of  provisions,  or  other  lawful 
punishments  for  misconduct,  which  may  be  sanctioned  by 
Congress  or  authorized  by  the  Secretary  of  Commerce  and   Feb  14. 1903. 
Labor  not  contrary  to  or  not  otherwise  provided  for  by   ^^^-  ^"• 
laAV,  which  the  parties  agree  to  adopt. 

Eighth.  Any  stipulations  in  reference  to  allotment  of   June  26, 1884. 
wages,  or  other  matters  not  contrary  to  law.     [Repealed     ^^-     • 
so  far  as  relates  to  allotments  in  trade  between  the  United 
States,  Dominion  of  Canada,  Newfoundland,  the  AVest  ^^^-^:^^'^' 
Indies  and  Mexico,  and  coasting  trade  of  the  United 
States,  except  between  Atlantic  and  Pacific  ports,  by  sec. 
25  of  Act  of  December  21,  1898.] 

The  following  rules  shall  be  observed  with  respect  to 
agreements : 

First.  Every  agreement  except  such  as  are  otherwise 
specially  provided  for,  shall  be  sigiied  by  each  seaman  in 
the  presence  of  a  shipping-commissioner. 


R.  S.,  4512. 


64  '  NAVIGATION   LAWS   OF   THE   UNITED    STATES. 

Second.  Wien  the  crew  is  first  engaged  the  agreement 
shall  be  signed  in  duplicate,  and  one  part  shall  be  retained 
by  the  shipping-commissioner,  and  the  other  part  shall 
contain  a  special  place  or  form  for  the  description  and 
signatures  of  persons  engaged  subsequently  to  the  first 
departure  of  tlie  ship,  and  shiill  be  delivered  to  the  master. 
Third.  Every  agreement  entered  into  before  a  shipping- 
commissioner  shall  be  acknowledged  and  certified  under 
the  hand  and  ofiicial  seal  of  such  commissioner.  The  cer- 
tificate of  acknowledgment  shall  Ije  indorsed  on  or  an- 
nexed to  the  agreement;  and  shall  be  in  the  following 
form : 

"  State  of ,  County  of : 

"  On  this day  of ,  personally  appeared  be- 
fore me,  a  shipping-commissioner  in  and  for  the  said 
county,  A.  B.,  C.  D.,  and  E.  F.,  severally  known  to  me  to 
be  the  same  persons  who  executed  the  foregoing  instru- 
ment, who  each  for  himself  acknowledged  to  me  that  he 
had  read  or  had  heard  read  the  same ;  that  he  was  by  me 
made  acquainted  with  the  conditions  thereof,  and  under- 
stood the  same;  and  that,  while  sober  and  not  in  a  state 
of  intoxication,  he  signed  it  freely  and  voluntaril}^,  for 
the  uses  and  purposes  therein  mentioned." 

R.  s.,  4513.  Section  4511  shall  not  apply  to  masters  of  vessels  where 

the  seamen  are  by  custom  or  agreement  entitled  to  par- 
ticipate in  the  profits  or  result  of  a  cruise  or  voyage, 
nor  to  masters  of  coastwise  nor  to  masters  of  lake-going 

Feb.  18, 1895.  yessels  that  touch  at  foreign  ports ;  but  seamen  may,  by 
agreement,  ser^e  on  board  such  vessels  a  definite  time,  or, 
on  the  return  of  any  vessel  to  a  port  in  the  United  States, 

June  19, 1886.  may  reship  and  sail  in  the  same  vessel  on  another  voyage, 
without  the  payment  of  additional  fees  to  the  shipping- 
commissioner. 

[Note. — Section  4511,  however,  does  apply  in  part  to 
masters  of  coastwise  vessels  whose  crews  are  shipped 
under  provisions  of  the  act  of  February  18, 1895.] 

R.  s.,  4519.  The  master  shall,  at  the  commencement  of  every  voy- 

age or  engagement,  cause  a  legible  copy  of  the  agreement, 
omitting  signatures,  to  be  placed  or  posted  up  in  such  part 
of  the  vessel  as  to  be  accessible  to  the  crew;  and  on  de- 
fault shall  be  liable  to  a  penalty  of  not  more  than  one 
hundred  dollars. 

81.   Period  of  eng-agement. 
June  26, 1884.      A  master  of  a  vessel  in  the  foreign  trade  may  engage  a 
Sec.  19.  seaman  at  any  port  in  the  United  States,  in  the  manner 

provided  by  law,  to  serve  on  a  YOjage  to  any  port,  or  for 
the  round  trip  from  and  to  the  port  of  departure,  or  for  a 
definite  time,  whatever  the  destination.  The  master  of  a 
vessel  making  regular  and  stated  trips  between  the  United 
States  and  a  foreign  country  may  engage  a  seaman  for 
one  or  more  round  trips,  or  for  a  definite  time,  or  on  the 


PART   V. MERCHANT   SEAMEN.  65 

return  of  said  vessel  to  the  United  States  may  reship  such 
seaman  for  another  voyage  in  the  same  vessel,  in  the  man- 
ner i^rovided  by  law,  without  the  payment  of  additional 
fees  to  any  officer  for  such  reshipment  or  re -engagement. 

82.  Penalty  for  shipment  without  agreement. 

If  any  person  shall  be  carried  to  sea,  as  one  of  the  crew  R.  S.,4514. 
on  board  of  any  vessel  making  a  voyage  as  hereinbefore 
specified,  without  entering  into  an  agreement  with  the 
master  of  such  vessel,  in  the  form  and  manner,  and  at  the 
place  and  times  in  such  cases  required,  the  vessel  shall  be 
held  liable  for  each  such  offense  to  a  penalty  of  not  more 
than  two  hundred  dollars.  But  the  vessel  shall  not  be 
held  liable  for  any  person  carried  to  sea,  who  shall  have 
secretly  stowed  away  himself  without  the  knoAvledge  of 
the  master,  mate,  or  of  any  of  the  officers  of  the  vessel,  or 
who  shall  have  falsely  personated  himself  to  the  master, 
mate,  or  officers  of  the  vessel,  for  the  purpose  of  being 
carried  to  sea. 

If  any  master,  mate,  or  other  officer  of  a  vessel  know-  ^-  S-'  ^^i^- 
ingly  receives,  or  accepts,  to  be  entered  on  board  of  any 
merchant-vessel,  any  seaman  who  has  been  engaged  or 
supplied  contrary  to  the  provisions  of  this  Title  [R.  S., 
4601-4613],  the  vessel  on  board  of  which  such  seaman 
shall  be  found  shall,  for  every  such  seaman,  be  liable  to  a 
penalty  of  not  more  than  two  hundred  dollars. 

83.  Undermanning. 

In  case  of  desertion  or  casualty  resulting  in  the  loss  of  j^'f '2^ ^^g^g 
one  or  more  seamen,  the  master  must  ship,  if  obtainable,  a  ^^^'^^ ' 
number  equal  to  the  number  of  those  whose  services  he 
has  been  deprived  of  by  desertion  or  casualty,  who  must 
be  of  the  same  grade  or  rating  and  equally  expert  with 
those  whose  place  or  position  they  refill,  and  report  the 
same  to  the  United  States  consul  at  the  first  port  at 
Avliich  he  shall  arrive,  without  incurring  the  penalty  pre- 
scribed by  the  two  preceding  sections.  [This  section  shall 
not  apply  to  fishing  or  whaling  vessels  or  yachts,  Dec.  21, 
1898,  sec.  26.] 

84.  Shipment  in  foreign  ports  before  consuls. 

Every  master  of  a  merchant-vessel  who  engages  any  R-S..4517. 
seaman  at  a  place  out  of  the  United  States,  in  which  there 
is  a  consular  officer  or  commercial  agent,  shall,  before 
carryino-  such  seaman  to  sea,  procure  the  sanction  of  such 
officer,  and  shall  engage  seamen  in  his  presence;  and  the 
rules  o-overning  the  engagement  of  seamen  before  a  ship- 
pin  o--S)mmissioner  in  the  United  States,  shall  apply  to 
such  engagements  made  before  a  consular  officer  or  com- 
mercial agent;  and  upon  every  such  engagement  the  con- 
sular officer  or  commercial  agent  shall  indorse  upon  the 
ao-reement  his  sanction  thereof,  and  an  attestation  to  the 
eSect  that  the  same  has  been  signed  in  his  presence,  and 
otherwise  duly  made. 
9G694°— 11 5 


66  NAVIGATION   LAV7S    OF   THE   UNITED    STATES. 

R.  s.,  4518.  Every  master  who  eiignges  niw  seaman  in  any  place  in 

Avliicli  there  is  a  consular  officer  cr  commercial  agent, 

otherwise  than  as  required  by  the  preceding  section,  shall 

incur  a  penalty  of  not  nwre  than  one  hundred  dollars,  for 

which  penalty  the  vessel  shall  be  held  liable. 

Sec^^^^' '^^^^'      E^ery  master  of  a  vessel  in  the  foreign  trade  may  en- 

^L'v's,  1S97.  ii'^g'^  ^^^J  seaman  at  any  pc^-t  out  of  the  United  States,  in 

Sec.  3.  the  manner  provided  by  law,  to  serve  for  one  or  more 

round  trips  from  and  to  the  port  of  departure,  or  for  a 

definite  time,  whatever  the  destination;  and  the  master  of 

a  vessel  clearing  from  a  port  of  the  United  States  with 

one  or  more  seamen  engaged  in  a  foreign  port  as  herein 

provided  shall  not  be  required  to  reship  in  a  port  of  the 

United  States  the  seamen  so  engaged. 

85.  Crew  list. 

R.s.,4573.  Before  a  clearance  is  granted  to  any  vessel  bound  on  a 
foreign  voyage  or  engaged  in  the  whale-fishery,  the  mas- 
ter thereof  shall  deliver  to  the  collector  of  the  customs  a 
list  containing  the  names,  places  of  birth  and  residence, 
and  description  of  the  persons  who  compose  his  ship's 
company;  to  which  list  the  oath  of  the  captain  shall  be 
annexed,  that  the  list  contains  the  names  of  his  crew, 
together  with  the  places  of  their  birth  and  residence,. as 

June  19, 1886.  far  as  he  can  ascertain  them;  and  the  collector  shall 
deliver  him  a  certified  copy  thereof. 

E.  s.,  4574.  ^  jj^  ^^11  (.^g^g  Qf  private  vessels  of  the  United  States  sail- 
ing from  a  port  in  the  Unitetl  States  to  a  foreign  port, 
the  list  of  the  crew  shall  be  examined  by  the  collector  for 
the  district  from  which  the  vessel  shall  clear,  and,  if  ap- 
proved of  by  hhn,  shall  be  certified  accordingly.  Xo 
person  shall  be  admitted  or  employed  on  board  of  any 
such  vessel  unless  his  name  shall  have  been  entered  in  the 
list  of  the  crew,  approved  and  certified  by  the  collector 
for  the  district  from  which  the  vessel  shall  clear.  The 
collector,  before  he  delivers  the  list  of  the  crew,  approved 
and  certified,  to  the  master  or  proper  officer  of  the  vessel 
to  which  the  same  belongs,  shall  cause  the  same  to  be 
recorded  in  a  book  by  him  for  that  purpose  to  be  pro- 
vided, and  the  record  shall  be  open  for  the  inspection  of 
all  persons,  and  a  certified  copy  thereof  shall  be  admitted 
in  evidence  in  any  court  in  wdiich  any  question  may  arise 
under  any  of  the  provisions  of  this  Title  [U.  S.,  4501- 

86.  Failure  to  produce  crew. 

R.  s.,4576.         xiie  master  of  every  vessel  bound  on  a  foreign  vovag?e 
sec^sf'  ^^  engaged  in  the  whale  fishery  shall  exhibit  the  certified 

copy  of  the  list  of  the  crew^  to  the  first  boarding  c^cer  at 
the  first  port  in  the  United  States  at  which  he  shall  arrive 
on  his  return,  and  also  produce  the  persons  named  therein 
to  the  boarding  officer,  wdiose  duty  it  shall  be  to  examine 
the  men  with  such  list  and  to  report  the  same  to  the  col- 


PART   V. MERCHANT   SEAMEN.  67 

lector ;  and  it  shall  be  the  duty  of  the  collector  at  the  port 
of  arrival,  where  the  same  is  different  from  the  port  from 
which  the  vessel  originally  sailed,  to  transmit  a  copy  of 
the  list  so  reported  to  him  to  the  collector  of  the  port 
from  which  such  vessel  originally  sailed.  For  each  fail- 
ure to  produce  any  person  on  the  certified  copy  of  the  list 
of  the  crew  the  master  and  owner  shall  be  severally  liable 
to  a  penalty  of  four  hundred  dollars,  to  be  sued  for,  prose- 
cuted, and  disposed  of  in  such  manner  as  penalties  and 
forfeitures  which  may  be  incurred  for  offenses  against 
the  laws  relating  to  the  collection  of  duties;  but  such 
penalties  shall  not  be  incurred  on  account  of  the  master 
not  producing  to  the  first  boarding  officer  any  of  the  per- 
sons contained  in  the  list  who  may  have  been  discharged 
in  a  foreign  country  with  the  consent  of  the  consul,  vice- 
consul,  commercial  agent,  or  vice-commercial  agent  there 
residing,  certified  in  writing,  under  his  hand  and  official 
seal,  to  be  produced  to  the  collector  with  the  other  persons 
composing  the  crew,  nor  on  account  of  any  such  person 
dying  or  absconding  or  being  forcibly  impressed  into 
other  service  of  which  satisfactory  proof  shall  also  be 
exhibited  to  the  collector. 
87.   Papers  relating"  to  crew. 

The  following  rules  shall  be  observed  with  reference  to  R-  s.,  4575. 
vessels  bound  on  any  foreign  voyage : 

First.  The  duplicate  list  of  the  ship's  company,  re- 
quired to  be  made  out  by  the  master  and  delivered  to  the 
collector  of  the  customs,  under  section  forty-five  hundred 
and  seventy-three,  shall  be  a  fair  copy  in  one  uniform 
handwriting,  without  erasure  or  interlineation. 

Second.  It  shall  be  the  duty  of  the  owners  of  every  such 
vessel  to  obtain  from  the  collector  of  the  customs  of  the 
district  from  which  the  clearance  is  made,  a  true  and  certi- 
fied copy  of  the  shipping-articles,  containing  the  names  of 
the  crew,  which  shall  be  written  in  a  uniform  hand,  with- 
out erasures  or  interlineations. 

Third.  These  documents,  which  shall  be  deemed  to  con- 
tain all  the  conditions  of  contract  with  the  crew  as  to  their 
service,  pay,  voyage,  and  all  other  things,  shall  be  pro- 
duced by  the  master,  and  laid  before  any  consul,  or  other 
commercial  agent  of  the  United  States,  whenever  he  may 
deem  their  contents  necessary  to  enable  him  to  discharge 
the  duties  imposed  upon  him  by  law  toward  any  manner 
applyino-  to  him  for  his  aid  or  assistance. 

Fourth.  All  interlineations,  erasures,  or  writing  m  a 
hand  different  from  that  in  which  such  duplicates  were 
originally  made,  shall  be  deemed  fraudulent  alterations, 
working'no  change  in  such  papers,  unless  satisfactorily 
explained  in  a  manner  consistent  Avith  innocent  purposes 
and  the  provisions  of  law  which  guard  the  rights  of 
mariners. 


68  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

Fifth.  If  any  master  of  a  vessel  shall  proceed  on  a  for- 
eign voyage  without  the  documents  herein  required,  or 
refuse  to  produce  them  when  required,  or  to  peiform  the 
.  duties  imposed  by  this  section,  or  shall  violate  the  pro- 
visions thereof,  he  shall  be  liable  to  each  and  every  indi- 
vidual injured  thereby  in  damages,  to  be  recovered  in 
any  court  of  the  United  States  in  the  district  where  such 
delinquent  may  reside  or  be  found,  and  in  addition  thereto 
be  punishable  by  a  fine  of  one  hundred  dollars  for  each 
oilense. 

Sixth.  It  shall  be  the  duty  of  the  boarding-officer  to 

report  all  violations  of  this  section  to  the  collector  of  the 

port  Avhere  any  vessel  may  arrive,  and  the  collector  shall 

Feb.  14, 1903.  report  the  same  to  the  Secretary  of  Commerce  and  Labor 

Sec.  10.  ^^^  ^Q  ^YiQ  United  States  attorney  in  his  district. 

88.   Shipment  of  seamen   in   the  coasting-   or  near-by   foreign 
trade. 

June  9, 1874.       None  of  the  provisions  of  an  act  entitled  "An  act  to 
^6^181895  ^^^i^^^^'i'iz^  ^1^6  appointment  of  shipping  commissioners  by 
"  the  several  circuit  courts  of  the  United  States  to  superin- 
tend the  shipping  and  discharge  of  seamen  engaged  in 
merchant  ships  belonging  to  the  United  States,  and  for 
the  further  protection  of  seamen  "  shall  apply  to  sail  or 
steam  vessels  engaged  in  the  coastwise  trade,  (except  the 
coastAvise  trade  between  the  Atlantic  and  Pacific  coasts,) 
or  in  the  lake-going  trade  touching  at  foreign  ports  or 
otherwise,  or  in  the  trade  between  the  United  States  and 
the  British  North  American  possessions,  or  in  any  case 
where  the  seamen  are  by  custom  or  agreement  entitled  to 
participate  in  the  profits  or  result  of  a  cruise,  or  voyage. 
June  19, 1886.      Shipping  commissioners  may  ship  and  discharge  crews 
Sec.  2.  f Qj,  r^j-jy  vessel  engaged  in  the  coastwise  trade,  or  the  trade 

between  the  United  States  and  the  Dominion  of  Canada, 
or  Newfoundland,  or  the  West  Indies,  or  the  Republic  of 
Mexico,  at  the  request  of  the  master  or  owner  of  such 
vessel,  the  shipping  and  discharging  fees  in  such  cases  to 
be  one-half  that  prescribed  by  section  forty-six  hundred 
and  twelve  of  the  Revised  Statutes,  for  the  purpose  of 
determining  the  compensation  of  shipping  commissioners. 
Feb.  18, 1895.  When  a  crew  is  shipped  by  a  shipping  commissioner  for 
any  American  vessel  in  the  coastwise  trade,  or  the  trade 
between  the  United  States  and  the  Dominion  of  Canada, 
or  New  Foundland,  or  the  West  Indies,  or  Mexico,  as 
authorized  by  section  two  of  an  Act  approved  June  nine- 
teenth, eighteen  hundred  and  eighty-six,  entitled  "An  Act 
to  abolish  certain  fees  for  official  services  to  American 
vessels,  and  to  amend  the  laws  relating  to  shipping  com- 
missioners, seamen,  and  owners  of  vessels,  and  for  other 
purposes,"  an  agreement  shall  be  made  with  each  seaman 
engaged  as  one  of  such  crew  in  the  same  manner  as  is  pro- 
vided by  Sections  four  thousand  five  hundred  and  eleven 


PART   V. MERCHANT   SEAMEN.  69 

and  four  thousand  five  hundred  and  twelve  of  the  Revised 
Statutes,  not  however  induding  the  sixth  and  eighth  items  Mar.  3,  1897. 
of  Section  four  thousand  five  hundred  and  eleven;  and  See. 8. 
such  agreement  shall  be  posted  as  provided  in  Section  ge^*2-'  ^^^^ 
four  thousand  five  hundred  and  nineteen,  and  such  seamen 
shall  be  discharged  and  receive  their  wages  as  provided 
by  the  first  clause  of  Section  four  thousand  five  hundred 
and  twenty-nine  and  also  by  Sections  four  thousand  five 
hundred  and  twenty-six,  four  thousand  five  hundred  and 
twenty-seven,  four  thousand  five  hundred  and  twenty- 
eight,  four  thousand  five  hundred  and  thirt}^,  four  thou- 
sand five  hundred  and  thirty-five,  four  thousand  five  hun- 
dred and  thirty-six,  four  thousand  five  hundred  and 
forty-two,  four  thousand  five  hundred  and  forty-three, 
four  thousand  five  hundred  and  forty-four,  four  thousand 
five  hundred  and.  forty-five,  four  thousand  five  hundred 
and  forty-six,  four  thousand  five  hundred  and  forty- 
seven,  four  thousand  five  hundred  and  forty-nine,  four 
thousand  five  hundred  and  fifty,  four  thousand  five  hun- 
dred and  fifty-one,  four  thousand  five  hundred  and  fifty- 
two,  four  thousand  five  hundred  and  fifty-three,  four 
thousand  five  hundred  and  fifty-four  and  four  thousand  Mar.  3,  1897. 
six  hundred  and  two  of  the  Revised  Statutes;  but  in  all  s«c. 8. 
other  respects  such  shipment  of  seamen  and  such  shipping 
agreement  shall  be  regarded  as  if  both  shipment  and 
agreement  had  been  entered  into  between  the  master  of 
a  vessel  and  a  seaman  without  going  before  a  shipping 
commissioner. 

89.    Agreement  in  coasting-  trade  not  before  commissioner. 

Every  master  of  any  vessel  of  the  burden  of  fifty  tons  R-  s.,  4520. 
or  upward,  bound  from  a  port  in  one  State  to  a  port  in 
any  other  than  an  adjoining  State,  except  vessels  of  the 
burden  of  seventy-five  tons  or  upw^ard,  bound  from  a  port 
on  the  Atlantic  to  a  port  on  the  Pacific,  or  vice  versa, 
shall,  before  he  proceeds  on  such  voyage,  make  an  agree- 
ment in  writing  or  in  print,  with  every  seaman  on  board 
such  vessel  except  such  as  shall  be  apprentice  or  servant 
to  himself  or  owners,  declaring  the  voyage  or  term  of 
time  for  which  such  seaman  shall  be  shipped. 

If  any  master  of  such  vessel  of  the  burden  of  fifty  tons  R.  s.,  452L 
or  upward  shall  carry  out  any  seaman  or  mariner,  except 
apprentices  or  servants,  without  such  contract  or  agree- 
ment being  first  made  and  signed  by  the  seamen,  such 
master  shall  pay  to  every  such  seaman  the  highest  price 
or  wages  which  shall  have  been  given  at  the  port  or  place 
where  such  seaman  was  shipped,  for  a  similar  voyage, 
within  three  months  next  before  the  time  of  such  ship- 
ping, if  such  seaman  shall  perform  such  voyage;  or  if 
not,  then  for  such  time  as  he  shall  continue  to  do  duty  on 
board  such  vessel ;  and  shall  moreover  be  liable  to  a  pen- 
alty of  twenty  dollars  for  every  such  seaman,  recoverable, 
one-half  to  the  use  of  the  person  prosecuting  for  the  same, 
and  the  other  half  to  the  use  of  the  United  States.     Any 


70  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

seaman  who  has  not  signed  such  a  contract  shall  not  be 
bound  by  the  regulations  nor  subject  to  the  penalties  and 
forfeitures  contained  in  this  Title  [R.  S.,  4501-4()lo]. 
Dec^'21^1898       ^^  ^^^^  ^^^^  ^^  every  such  contract  to  ship  upon  such  a 
Sec.  2.  '  vessel  of  the  burden  of  fift}^  tons  or  upward  there  shall  be 

a  memorandum  in  writing  of  the  day  and  the  hour  when 
such  seaman  who  shipped  and  subscribed  shall  render 
himself  on  board  to  begin  the  voyage  agreed  upon.  If 
any  seaman  shall  negJect  to  render  himself  on  board  the 
vessel  for  which  he  has  shipped  at  the  time  mentioned  in 
such  memorandum  without  giving  twenty-four  hours' 
notice  of  his  inability  to  do  so,  and  if  the  master  of  the 
vessel  shall,  on  the  day  in  which  such  neglect  happened, 
make  an  entry  in  the  log  book  of  such  vessel  of  the  name 
of  such  seaman,  and  shall  in  like  manner  note  the  time 
that  lie  so  neglected  to  render  himself  after  the  time 
appointed,  then  every  such  seaman  shall  forfeit  for  every 
hour  which  he  shall  so  neglect  to  render  himself  one-half 
of  one  day's  pay,  according  to  the  rate  of  wages  agreed 
upon,  to  be  deducted  out  of  the  wages.  If  any  such  sea- 
man shall  wholly  neglect  to  render  himself  on  board  of 
such  vessel,  or  having  rendered  himself  on  board  shall 
afterwards  desert,  he  shall  forfeit  all  of  his  wages  or 
emoluments  which  he  has  then  earned.  [This  section 
shall  not  apply  to  fishing  or  whaling  vessels  or  yachts, 
Dec.  21,  1898,  sec.  26.] 

90.   Agreement  with  fishermen. 

R.  s.,  4391.  The  master  of  any  vessel  of  the  burden  of  twenty  tons 

or  upward,  qualified  according  to  law  for  carrying  on  the 
bank  and  other  cod  fisheries,  or  the  mackerel-fishery, 
bound  from  a  port  of  the  United  States  to  be  employed  in 
any  such  fishery,  at  sea,  shall,  before  proceeding  on  such 
fishing- voyage,  make  an  agreement  in  writing  with  every 
fisherman  who  may  be  employed  therein,  except  only  an 
apprentice  or  servant  of  himself  or  owner,  and,  in  addi- 
tion to  such  terms  of  shipment  as  may  be  agreed  on,  shall, 
in  such  agreement,  express  whether  the  same  is  to  con- 
tinue for  one  voyage  or  for  the  fishing-season,  and  shall 
also  express  that  the  fish  or  the  proceeds  of  such  fishing- 
voyage  or  voyages  which  may  appertain  to  the  fishermen 
shall  be  divided  among  them  in  proportion  to  the  quanti- 
ties or  number  of  such  fish  which  they  may  respectively 
have  caught.  Such  agreement  shall  be  indorsed  or  coun- 
tersigned by  the  owner  of  such  fishing- vessel  or  his  agent. 

R.  s.,  4392.  If  any  fisherman,  having  engaged  himself  for  a  voyage 

or  for  the  fishing  season  in  any  fishing-vessel  and  signed 
an  agreement  therefor,  thereafter  and  while  such  agree- 
ment remains  in  force  and  to  be  performed  deserts  or 
absents  himself  from  such  vessel  without  leave  of  the 
master  thereof,  or  of  the  owner  or  his  agent,  such  deserter 
shall  be  liable  to  the  same  penalties  as  deserting  seamen 
are^ubject  to  in  the  merchant  service,  and  may  in  the  like 


PART   V. 


-MERCHANT   SEAMEN. 


71 


manner,  and  upon  the  like  complaint  and  proof,  be  appre- 
hended and  detained;  and  all  costs  of  process  and  com- 
mitment, if  paid  by  the  master  or  owner,  shall  be  deducted 
out  of  the  share  of  fish  or  proceeds  of  an}^  fishing- voyage 
to  which  such  deserter  had  or  shall  become  entitled. 
Every  fisherman,  having  so  engaged  himself,  who  during 
such  fishing- voyage  refuses  or  neglects  his  proper  duty  on 
board  the  fishing- vessel,  being  thereto  ordered  or  required 
by  the  master  thereof,  or  otherwise  resists  his  just  com- 
mands to  the  hindrance  or  detriment  of  such  voyage,  be- 
sides being  answerable  for  all  damages  arising  thereby, 
shall  forfeit  to  the  use  of  the  owner  of  such  vessel  his 
share  of  any  public  allowance  which  may  be  paid  upon 
such  voyage. 

Whenever  an  agreement  or  contract  is  so  made  and  ^-  s-,  4393. 
signed  for  a  fishing-voyage  or  for  the  fishing-season,  and 
any  fish  caught  on  board  such  vessel  during  the  same  are 
delivered  to  the  owner  or  to  his  agent,  for  cure,  and  sold 
by  such  owner  or  agent,  such  vessel  shall,  for  the  term  of 
six  months  after  such  sale,  be  liable  for  the  master's  and 
every  other  fisherman's  share  of  such  fish,  and  may  be 
proceeded  against  in  the  same  form  and  to  the  same  elfect 
as  any  other  vessel  is  by  law  liable,  and  may  be  proceeded 
against  for  the  wages  of  seamen  or  mariners  in  the  mer- 
chant service.  Upon  such  proceeding  for  the  value  of  a 
share  or  shares  of  the  proceeds  of  fish  so  delivered  and 
sold  it  shall  be  incumbent  on  the  owner  or  his  agent  to 
produce  a  just  account  of  the  sales  and  division  of  such 
fish  according  to  such  agreement  or  contract;  otherwise 
the  vessel  shall  be  answerable  upon  such  proceeding  for 
what  may  be  the  highest  value  of  the  shares  demanded. 
But  in  all  cases  the  owner  of  such  vessel  or  his  agent,  ap- 
pearing to  answer  in  such  proceeding,  may  offer  there- 
upon his  account  of  general  supplies  made  for  such  fish- 
ing-voyage and  of  other  supplies  therefor  made  to  either 
of  the  demandants,  and  shall  be  allowed  to  produce  evi- 
dence thereof  in  answer  to  their  demands  respectively; 
and  judgment  shall  be  rendered  upon  such  proceeding  for 
the  respective  balances  which  upon  such  an  inquiry  shall 
appear.  .  i        t 

When  process  shall  be  issued  against  any  vessel  so  lia- 
ble, if  the  owner  thereof  or  his  agent  will  give  bond  to 
each  fisherman  in  whose  favor  such  process  shall  be  insti- 
tuted, with  sufficient  security,  to  the  satisfaction  of  two 
justices  of  the  peace,  of  whom  one  shall  be  named  by  such 
owner  or  agent,  and  the  other  by  the  fisherman  or  fisher- 
men pursuing  such  process,  or  if  either  party  shall  refuse, 
then  the  justice  first  appointed  shall  name  his  associate, 
w^ith  condition  to  answer  and  pay  whatever  sum  shall  be 
recovered  by  him  or  them  on  such  process,  there  shall  be 
an  immediate  discharge  of  such  vessel.  Nothing  m  this 
or  the  preceding  sectio'n  shall  prevent  any  fisherman  from 


E.  S.,  4394. 


72  NAVIGATION   LAWS    OF   THE    UNITED   STATES. 

having  his  action  at  common  la^v  foi'  his  share  or  shares 
of  fish  or  the  proceeds  thereof. 

91.  Discharge  in  foreig-n  trade. 

B.  s.,  4549.  j^ii  se^nnen  discharged  in  the  United  States  from  mer- 

chant vessels  engaged  in  voyages  from  a  port  in  the 
United  States  to  any  foreign  port,  or,  being  of  the  burden 
.  of  seventy-live  tons  or  upward,  from  a  port  on  the  Atlan- 
tic to  a  port  on  the  Pacific,  or  vice  versa,  shall  be  dis- 
charged and  receive  their  wages  in  the  presence  of  a  duly 
autliorized  shipping-commissioner  under  this  Title  [E.  S., 
4501-4613],  except  in  cases  where  some  competent  court 
otherwise  directs;  and  any  master  or  owner  of  any  such 
vessel  who  discharges  any  such  seaman  belonging  thereto, 
or  pays  his  wages  within  the  United  States  in  any  other 
manner,  shall  be  liable  to  a  penalty  of  not  more  than  fifty 
dollars. 

R.  s.,  4550.  Every  master  shall,  not  less  than  forty-eight  hours  be- 

fore pa^dng  oft'  or  discharging  any  seaman,  deliver  to 
him,  or,  if  he  is  to  be  discharged  before  a  shipping-com- 
missioner, to  such  shipping-commissioner,  a  full  and  true 
account  of  his  wages,  and  all  deductions  to  be  made  there- 
from on  any  account  whatsoever;  and  in  default  shall, 
for  each  offense,  be  liable  to  a  penalty  of  not  more  than 
fifty  dollars.  No  deduction  from  the  wages  of  any  sea- 
man except  in  respect  of  some  matter  happening  after 
such  delivery  shall  be  allowed,  unless  it  is  included  in  the 
account  delivered ;  and  the  master  shall,  during  the  voy- 
age, enter  the  various  matters  in  respect  to  which  such 
deductions  are  made,  Avith  the  amounts  of  the  respective 
deductions  as  they  occur,  in  the  official  log-book,  and 
shall,  if  required,  produce  such  book  at  the  time  of  the 
payment  of  wages,  and,  also,  upon  the  hearing,  before 
any  competent  authority,  of  any  complaint  or  question 
relating  to  such  payment. 

R.  s.,  4551.  Upon  the  discharge  of  any  seaman,  or  ujoon  payment  of 

his  wages,  the  master  shall  sign  and  give  him  a  certificate 
of  discharge,  specifying  the  period  of  his  service  and  the 
time  and  place  of  his  discharo-e,  in  the  form  marked  Table 
B  in  the  schedule  annexed  to  this  Title  [R.  S.,  4501-4613]  ; 
and  every  master  who  fails  to  sign  and  give  to  such  sea- 
man such  certificate  and  discharge,  shall,  for  each  such 
offense,  incur  a  penalty  not  exceeding  fifty  dollars.  But 
whenever  the  master  shall  discharge  his  crew  or  any  part 
thereof  in  any  collection-district  where  no  shipping-com- 
missioner has  been  appointed,  he  may  perform  for  himself 
the  duties  of  such  commissioner. 

92.  Discharge  in  foreign  ports. 

R.  s.,4580.  Upon  the  application  of  the  master  of  any  vessel  to  a 

June  26, 1884.  i  xr         \       i-     ^  ,^  -,- 

Sec.  2.  consular  ollicer  to  discharge  a  seaman,  or  upon  the  appli- 

cation of  any  seaman  for  his  own  discharge,  if  it  appears 


PART   V. MERCHANT   SEAMEN.  73 

to  such  officer  that  said  seaman  has  completed  his  ship- 
ping agreement,  or  is  entitled  to  his  clisctharge  under  any 
act  of  Congress  or  according  to  the  general  principles  or 
usages  of  maritime  law  as  recognized  in  the  United 
States,  such  officer  shall  discharge  said  seaman,  and  re- 
quire from  the  master  of  said  vessel,  before  such  discharge 
shall  be  made,  payment  of  the  wages  which  may  then  be 
due  said  seaman ;  but  no  payment  of  extra  wages  shall  be 
required  by  any  consular  officer  upon  such  discharge  of 
any  seaman  except  as  provided  in  this  act. 

If  any  consular  officer,  when  discharging  any  seaman,  R-S.,458i. 
shall  neglect  to  require  the  payment  of  and  collect  the  gec.ie.'^^^^ 
arrears  of  wages  and  extra  wages  required  to  be  paid  in 
the  case  of  the  discharge  of  any  seaman,  he  shall  be  ac- 
countable to  the  United  States  for  the  full  amount  thereof. 
The  master  shall  provide  any  seaman  so  discharged  with 
employment  on  a  vessel  agreed  to  by  the  seaman,  or  shall 
provide  him  with  one  month's  extra  wages,  if  it  shall  be 
shown  to  the  satisfaction  of  the  consul  that  such  seaman 
was  not  discharged  for  neglect  of  duty,  incompetency,  or 
injury  incurred  on  the  vessel.  If  the  seaman  is  dis- 
charged by  voluntary  consent  before  the  consul,  he  shall 
be  entitled  to  his  wages  up  to  the  time  of  his  discharge, 
but  not  for  any  further  period.  If  the  seaman  is  dis- 
charged on  account  of  injury  or  illness,  incapacitating 
him  for  service,  the  expenses  of  his  maintenance  and  re- 
turn to  the  United  States  shall  be  paid  from  the  fund  for 
the  maintenance  and  transportation  of  destitute  American 
seamen. 

AVhenever  a  vessel  of  the  United  States  is  sold  in  a  for-  ^J-'^fl^Q^ 
eign  country  and  her  company  discharged,  it  shall  be  the  gec.'iT.' 
duty  of  the  master  to  produce  to  the  consular  officer  a  cer- 
tified list  of  the  ship's  company,  and  also  the  shipping 
articles,  and  besides  paying  to  each  seaman  or  apprentice 
the  wages  due  him,  he  shall  either  provide  him  with  ade- 
quate employment  on  board  some  other  vessel  bound  to 
the  port  at  which  he  was  orginally  shipped,  or  to  such 
other  port  as  may  be  agreed  upon  by  him,  or  furnish  the 
means  of  sending  him  to  such  port,  or  provide  him  with 
a  passage  home,  or  deposit  with  the  consular  officer  such 
a  sum  of  money  as  is  by  the  officer  deemed  sufficient  to  de- 
fray the  expenses  of  his  maintenance  and  passage  home; 
and  the  consular  officer  shall  indorse  upon  the  agreement 
with  the  crew  of  the  ship  which  the  seaman  or  apprentice 
is  leaving  the  particulars  of  any  payment,  provision,  or 
deposit  made  under  this  section.  A  failure  to  comply 
with  the  provisions  of  this  section  shall  render  the  owner 
liable  to  a  fine  of  not  exceeding  fifty  dollars. 

Whenever  on  the  discharge  of  a  seaman  in  a  foreign   ^^f '2f  ^gos 
country  by  a  consular  officer  on  his  complaint  that  the   gee*  is.' 
voyage  is  continued  contrary  to  agreement,  or  that  the 
vessel  is  badly  provisioned  or  unseaworthy ,  or  against  the 


u 


NAVIGATION   LAWS   OF   THE  UNITED   STATES. 


R.  S.,  4535. 


R.  S.,  4552. 


officers  for  cruel  treatment,  it  shall  be  the  duty  of  the  con- 
sul or  consular  agent  to  institute  a  proper  inquiry  into  the 
matter,  and,  upon  his  being  satisfied  of  the  truth  and  jus- 
tice of  such  complaint,  he  shall  require  the  master  to  pay 
to  such  serAnan  one  month's  wages  over  and  above  the 
wages  due  at  the  time  of  discharge,  and  to  provide  him 
with  adequate  employment  on  board  some  other  vessel,  or 
provide  him  with  a  passage  on  board  some  other  vessel 
bound  to  the  port  from  which  he  was  originally  shipped, 
or  to  the  most  convenient  port  of  entry  in  the  United 
States,  or  to  a  port  agreed  to  by  the  seaman. 
93.   Wages. 

No  seaman  shall,  bv  any  agTeement  other  than  is  pro- 
vided by  this  Title  [R.  S., 4501^613],  forfeit  his  lien  upon 
the  ship,  or  be  deprived  of  any  remedy  for  the  recovery 
of  his  wages  to  which  he  would  otherwise  have  been  en- 
titled ;  and  every  stipulation  in  any  agreement  inconsistent 
with  any  provision  of  this  Title,  and  every  stipulation  by 
which  any  seaman  consents  to  abandon  his  right  to  his 
wages  in  the  case  of  the  loss  of  the  ship,  or  to  abandon 
any  right  which  he  may  have  or  obtain  in  the  na^ture  of 
salvage,  shall  be  wholly  inoperative. 

The  following  rules  shall  be  observed  with  respect  to 
the  settlement  of  wages: 

First.  Upon  the  completion,  before  a  shipping-com- 
missioner, of  any  discharge  and  settlement,  the  master  or 
owner  and  each  seaman,  respectively,  in  the  presence  of 
the  shipping-commissioner,  shall  sign  a  mutual  release  of 
all  claims  for  wages  in  respect  of  the  past  voyage  or  en- 
gagement, and  the  shipping-commissioner  shall  also  sign 
and  attest  it,  and  shall  retain  it  in  a  book  to  be  kept  for 
that  purpose,  provided  both  the  master  and  seaman  as- 
sent to  such  settlement,  or  the  settlement  has  been  ad- 
justed by  the  shipping-commissioner. 

Second.  Such  release,  so  signed  and  attested,  shall  oper- 
ate as  a  mutual  discliarge  and  settlement  of  all  demands 
for  wages  between  the"  parties  thereto,  on  account  of 
wages,  in  respect  of  the  past  voyage  or  engagement. 

Third.  A  copy  of  such  release,  certified  under  the  hand 
and  seal  of  such  shipping-commissioner  to  be  a  true  copy, 
shall  be  given  by  him  to  any  party  thereto  requiring  the 
same,  and  such  copy  shall  be  receivable  in  evidence  upon 
any  future  question  touching  such  claims,  and  shall  have 
all  the  effect  of  the  original  of  which  it  purports  to  be  a 
copy. 

Fourth.  In  cases  in  which  discharge  and  settlement  be- 
fore a  shipping-commissioner  are  required,  no  payment, 
receipt,  settlement,  or  discharge  otherwise  made  shall 
operate  as  evidence  of  the  release  or  satisfaction  of  any 
claim. 

Fifth.  Upon  payment  being  made  by  a  master  before  a 
shipping-commissioner,  the  shipping-commissioner  shall, 


PART   V. MERCHANT   SEAMEN".  75 

if  required,  sign  and  give  to  such  master  a  statement  of 
the  whole  amount  so  paid;  and  such  statement  shall,  be- 
tween the  master  and  his  employer,  be  received  as  evi- 
dence that  he  has  made  the  payments  therein  mentioned. 

Upon  every  discharge  effected  before  a  shipping-com-  R.  s.,4553. 
missioner,  the  master  shall  make  and  sign,  in  the  form 
given  in  the  table  marked  "  B,"  in  the  schedule  annexed 
to  this  Title  [R.  S.,  4501-4613],  a  report  of  the  conduct, 
character,  and  qualifications  of  the  persons  discharged;  or 
may  state  in  such  form,  that  he  declines  to  give  any  opin- 
ion upon  such  particulars,  or  upon  any  of  them;  and  the 
commissioner  shall  keep  a  register  of  the  same,  and  shall, 
if  desired  so  to  do  by  any  seaman,  give  to  him  or  indorse  on 
his  certificate  of  discharge  a  copy  of  so  much  of  such 
report  as  concerns  him. 

A  seaman's  right  to  wages  and  provisions  shall  be  taken   R-  S-.  4524. 
to  commence  either  at  the  time  at  which  he  commences 
work,  or  at  the  time  specified  in  the  agreement  for  his 
commencement  of  work  or  presence  on  board,  whichever 
first  happens. 

No  right  to  wages  shall  be  dependent  on  the  earning  of  R-  s.,  4525. 
freight  by  the  vessel;  but  every  seaman  or  apprentice  who 
vrould  be  entitled  to  demand  and  receive  any  wages  if  the 
vessel  on  which  he  has  served  had  earned  freight,  shall, 
subject  to  all  other  rules  of  law  and  conditions  applicable 
to  the  case,  be  entitled  to  claim  and  recover  the  same  of 
the  master  or  owner  in  personam,  notwithstanding  that 
freight  has  not  been  earned.  But  in  all  cases  of  wreck  or 
loss  of  vessel,  proof  that  any  seaman  or  apprentice  has  not 
exerted  himself  to  the  utmost  to  save  the  vessel,  cargo, 
and  stores,  shall  bar  his  claim. 

In  cases  where  the  service  of  any  seaman  terminates  j^;f 'gi^^lgg 
before  the  period  contemplated  in  the  agreement,  by  rea-  g^'g^ ' 
son  of  the  loss  or  wreck  of  the  vessel,  such  seaman  shall 
be  entitled  to  wages  for  the  time  of  service  prior  to  such 
termination,  but  not  for  any  further  period.  Such  sea- 
man shall  be  considered  as  a  destitute  seaman  and  shall 
be  treated  and  transported  to  port  of  shipment  as  pro- 
vided in  sections  forty-five  hundred  and  seventy-seven, 
forty-five  hundred  and  seventy-eight,  and  forty-five  hun- 
dred and  seventy-nine  of  the  Revised  Statutes  of  the 
United  States.  [This  section  shall  not  apply  to  fishmg 
or  whaling  vessels  or  yachts— Dec.  21,  1898,  sec.  20.] 

Any  seaman  who  has  signed  an  agreement  and  is  after-  «•  s.,45J7. 
ward  discharged  before  the  commencement  of  the  voyage 
or  before  one  month's  wages  are  earned,  without  fault  on 
his  part  justifying  such  discharge,  and  without  his  con- 
sent, shall  be  entitled  to  receive  from  the  master  or  owner, 
in  addition  to  any  wages  he  may  have  earned,  a  sum  equal 
in  amount  to  one  month's  wages  as  compensation,  and 
may,  on  adducing  evidence  satisfactory  to  the  court  hear- 


76  NAVIGATION   LAWS    OF    THE   UNITED   STATES. 

ing  the  case,  of  having  been  improperly  discharged,  re- 
cover snch  compensation  as  if  it  were  v/ages  duly  earned. 
R.  s.,  4528.  ]NfQ  seaman  or  apprentice  shall  be  entitled  to  wages  for 

any  period  during  which  he  unlawfully  refuses  or  neg- 
lects to  work  when  required,  after  the  time  fixed  by  the 
agreement  for  him  to  begin  work,  nor,  unless  the  court 
hearing  the  case  otherwise  directs,  for  any  period  during 
which  he  is  lawfully  imprisoned  for  any  offense  com- 
mitted by  him. 
Dec *'n^i898       '^^^^  master  or  owner  of  any  vessel  making  coasting  voy- 
Sec'I  '        '  ages  shall  pay  to  every  seaman  his  wages  w'ithin  two  days 
June  28, 190G.  after  the  termination  of  the  agreement  under  which  he 
Sec.  4.  shipped,  or  at  the  time  such  seaman  is  discharged,  which- 

ever first  happens ;  and  in  the  case  of  vessels  making  for- 
eign voyages,  or  from  a  port  on  the  Atlantic  to  a  port  on 
the  Pacific,  or  vice  versa,  within  twenty- four  hours  after 
the  cargo  has  been  discharged,  or  within  four  days  after 
the  seaman  has  been  discharged,  Avhichever  first  happens ; 
and  in  all  cases  the  seaman  shall,  at  the  time  of  his  dis- 
charge, be  entitled  to  be  paid,  on  account  of  wages,  a  sum 
equal  to  one-third  part  of  the  balance  due  him.  Every 
master  or  owner  who  refuses  or  neglects  to  make  payment 
in  manner  hereinbefore  mentioned  without  sufficient  cause 
shall  pay  to  the  seaman  a  sum  equal  to  one  day's  pay  for 
each  and  every  day  during  which  payment  is  delayecl  be- 
yond the  respective  periods,  which  sum  shall  be  recovera- 
ble as  wages  in  any  claim  made  before  the  court;  but  this 
section  shall  not  apply  to  the  masters  or  owners  of  any 
vessel  the  seamen  on  which  are  entitled  to  share  in  the 
profits  of  the  cruise  or  voyage.  [This  section  shall  not 
apply  to  fishing  or  wlialing  vessels  or  yachts — Dec.  21, 
1898,  sec.  26— but  this  section  shall  apply  to  all  vessels 
engaged  in  the  taking  of  oysters— June  28,  1906,  sec.  4.] 
Dec  2ifl898  Every  seaman  on  a  vessel  of  the  United  States  shall  be 
Sec' 5.  '  entitled  to  receive  from  the  master  of  the  vessel  to  which 

he  belongs  one-half  part  of  the  wages  which  shall  be  due 
him  at  every  port  where  such  vessel,  after  the  voyage  has 
commenced,  shall  load  or  deliver  cargo  before  the  voyage 
is  ended  unless  the  contrary  be  expressly  stipulated  in  the 
contract;  and  when  the  voyage  is  ended  every  such  sea- 
man shall  be  entitled  to  the  remainder  of  the  wages  which 
shall  then  be  due  him  as  provided  in  section  forty-five 
hundred  and  twenty-nine  of  the  Revised  Statutes.  [This 
section  shall  not  applv  to  fishing  or  whaling  vessels  or 
yachts— Dec.  21,  1898,  Wc.  26.] 

Whenever  the  wages  of  any  seaman  are  not  paid  within 
ten  days  after  the  time  when  the  same  ought  to  be  paid  ac- 
cording to  the  provisions  of  this  Title  [R.  S.,  4501-4613], 
or  any  dispute  arises  between  the  master  and  seamen 
touching  wages,  the  district  judge  for  the  judicial  district 
where  the  vessel  is,  or  in  case  his  residence  be  more  than 


R.  S.,  4546. 


PAKT   V. MEKCHANT   SEAMEN.  77 

three  miles  from  the  phice,  or  he  be  absent  from  the  place 

of  his  residence,  then,  any  judge  or  justice  of  the  peace,  or 

an}^  commissioner  of  a  district  court,  ma}^  summon  the  May  28, 1896. 

master  of  such  vessel  to  appear  before  him,  to  show  cause 

why  process  should  not  issue  against  such  vessel,  her 

tackle,  apparel,  and  furniture,  according  to  the  course  of 

admiralty  courts,  to  answer  for  the  wages. 

If  the  master  against  whom  such  summons  is  issued  ^-  s.,  4547. 
neglects  to  appear,  or,  appearing,  does  not  show  that  the  gec'e^'  ^^^^ 
wages  are  paid  or  otherwise  satisfied  or  forfeited,  and  if  june28,i906. 
the  matter  in  dispute  is  not  forthwith  settled,  the  judge  See. 4. 
or  justice  or  commissioner  shall  certify  to  the  clerk  of  the 
district  court  that  there  is  sufficient  cause  of  complaint 
whereon  to  found  admiralty  process;  and  thereupon  the 
clerk  of  such  court  shall  issue  process  against  the  vessel. 
In  all  cases  where  the  matter  in  demand  does  not  exceed 
one  hundred  dollars  the  return  day  of  the  monition  or 
citation  shall  be  the  first  cla}^  of  a  stated  or  special  session 
of  court  next  succeeding  the  third  day  after  the  service 
of  the  monition  or  citation,  and  on  the  return  of  process 
in  open  court,  duly  served,  either  party  may  proceed 
therein  to  proofs  and  hearing  without  other  notice,  and 
final  judgment  shall  be  given  according  to  the  usual 
course  of  admiralty  courts  in  such  cases.  In  such  suits 
all  the  seamen  having  cause  of  complaint  of  the  like  kind 
a^r:  iust  the  same  vessel  may  be  joined  as  complainants, 
and  it  shall  be  incumbent  on  the  master  to  produce  the 
contract  and  log  book,  if  required  to  ascertain  any  matter 
in  dispute;  otherwise  the  complainants  shall  be  permitted 
to  state  the  contents  thereof,  and  the  burden  of  proof  of 
the  contrary  shall  be  on  the  master.  But  nothing  herein 
contained  shall  prevent  any  seaman  from  maintaining 
any  action  at  common  law  for  the  recovery  of  his  wages, 
or  having  immediate  process  out  of  any  court  having 
admiralty  jurisdiction  wherever  any  vessel  may  be  found, 
in  case  she  shall  have  left  the  port  of  delivery  where  her 
voyage  ended  before  payment  of  the  wages,  or  in  case  she 
shall  be  about  to  proceed  to  sea  before  the  end  of  the  ten 
days  next  after  the  day  when  such  wages  are  due,  in  ac- 
cordance with  section  forty-five  hundred  and  twenty-nine 
of  the  Revised  Statutes.  [This  section  shall  not  apply  to 
fishing  or  whaling  vessels  or  yachts — Dec.  21,  1898,  sec. 
20 — but  this  section  shall  apply  to  all  vessels  engaged  in 
the  taking  of  oysters — June  28,  1906,  sec.  4.] 

Moneys  paid  under  the  laws  of  the  United  States,  by  R.  s.,  4548. 
direction  of  consular  officers  or  agents,  at  any  foreign  port 
or  place,  as  wages,  extra  or  otherwise,  due  American  sea- 
men, shall  be  paid  in  gold  or  its  equivalent,  without  any 
deduction  whatever  any  contract  to  the  contrary  notwith- 
standing. 

Any  question  concerning  the  forfeiture  of,  or  deduc-   ^-  S-,  4603. 
tions  from,  the  wages  of  any  seaman  or  apprentice,  may 
be  determined  in  any  proceeding  lawfully  instituted  with 


78  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

respect  to  such  wages,  notwithstanding  the  offense  in  re- 
spect of  which  such  question  arises,  though  hereby  made 
punishable  by  imprisonment  as  welLas  forfeiture,  has  not 
been  made  the  subject  of  any  criminal  proceeding. 
R.  s.,  4605.  Whenever  in  any  proceeding  relating  to  seamen's  wages 

it  is  shown  that  any  seaman  or  apprentice  has,  in  the 
course  of  the  vo^^age,  been  convicted  of  any  offense  by 
any  competent  tribunal,  and  rightfully  punished  therefor, 
by  imprisonment  or  otherwise,  the  court  hearing  the  case 
may  direct  a  part  of  the  wages  due  to  such  seaman  not 
exceeding  fifteen  dollars,  to  be  applied  in  reimbursing 
any  costs  properly  incurred  by  the  master  in  procuring 
such  conviction  and  punishment. 

94.  Vessels  exempt  from  libel  for  wages. 

R.  s.,  4251.  No  canal-boat,  without  masts  or  steam  power,  which  is 

required  to  be  registered,  licensed,  or  enrolled  and  licensed, 
shall  be  subject  to  be  libeled  in  any  of  the  United  States 
courts  for  the  wages  of  any  person  who  may  be  employed 
on  board  thereof,  or  in  navigating  the  same. 

95.  Advances  and  allotments  of  wages. 

Dec.  21, 1898.  (a)  It  shall  be,  and  is  hereby,  made  unlawful  in  any 
A^^  "4  1904  ^^"^^  t^  V^y  ^i^y  seaman  wages  in  advance  of  the  time  when 
June  28, 1906!  he  has  actually  earned  the  same,  or  to  pay  such  advance 
Sec.  4.  wages  to  any  other  person.    Any  person  paying  such  ad- 

vance wages  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  a  fine  not  less  than 
four  times  the  amount  of  the  wages  so  advanced,  and  may 
also  be  imprisoned  for  a  period  not  exceeding  six  months, 
at  the  discretion  of  the  court.  The  payment  of  such  ad- 
vance wages  shall  in  no  case,  excepting  as  herein  pro- 
vided, absolve  the  vessel  or  the  master  or  owner  thereof 
from  full  payment  of  wages  after  the  same  shall  have 
been  actually  earned,  and  shall  be  no  defense  to  a  libel, 
suit,  or  action  for  the  recovery  of  such  wages.  If  any 
person  shall  demand  or  receive,  either  directly  or  indi- 
rectly, from  any  seaman  or  other  person  seeking  employ- 
ment as  seaman,  or  from  any  person  on  his  behalf,  any 
remuneration  whatever  for  providing  him  with  employ- 
ment, he  shall  for  every  such  offense  be  deemed  guilty  of 
a  misdemeanor  and  shall  be  imprisoned  not  more  than 
six  months  or  fined  not  more  than  five  hundred  dollars. 

(b)  It  shall  be  lawful  for  any  seaman  to  stipulate  in 
his  shipping  agreement  for  an  allotment  of  any  portion  of 
the  wages  which  he  may  earn  to  his  grand  parents,  par- 
ents, wife,  sister,  or  children.  But  no  allotment  whatever 
shall  be  allowed  in  the  trade  between  the  ports  of  the 
United  States  (except  as  provided  in  subdivision  c  of 
this  section)  or  in  trade  between  ports  of  the  United 
States  and  the  Dominion  of  Canada,  Newfoundland,  the 
West  Indies  and  Mexico. 

(c)  It  shall  be  lawful  for  any  seaman  engaged  in  a  ves- 
sel bound  from  a  ^Dort  on  the  Atlantic  to  a  port  on  the 


PART  V. MEECHANT   SEAMEN.  79 

Pacific  or  vice  versa,  or.  in  a  vessel  engaged  in  foreign 
trade,  except  trade  between  the  UnitecT  States  and  the 
Dominion  of  Canada  or  Newfoundland  or  the  West 
Indies  or  the  Eepublic  of  Mexico,  to  stipulate  in  his  ship- 
ping agreement  for  an  allotment  of  an  amount,  to  be  fixed 
by  regulation  of  the  Commissioner  of  Navigation,  with 
the  approval  of  the  Secretary  of  Commerce  and  Labor,  Feb.  14, 1903. 
not  exceeding  one  month's  wages,  to  an  original  creditor  ^^^-  ^^' 
in  liquidation  of  any  just  debt  for  board  or  clothing 
which  he  may  have  contracted  prior  to  engagement. 

(d)  No  allotment  note  shall  be  valid  unless  signed  by 
and  approved  by  the  shipping-commissioner.  It  shall  be 
the  duty  of  said  commissioner  to  examine  such  allotments 
and  the*^  parties  to  them  and  enforce  compliance  with  the 
law.  All  stipulations  for  the  allotment  of  any  part  of  the 
wages  of  a  seaman  during  his  absence  Avhich  are  made  at 
the  commencement  of  the  voyage  shall  be  inserted  in  the 
agreement,  and  shall  state  the  amounts  and  times  of  the 
payments  to  be  made  and  the  persons  to  whom  the  pay- 
mtiits  are  to  be  made. 

(e)  No  allotment  except  as  provided  for  in  this  section 
shall  be  lawful.  Any  person  who  shall  falsely  claim  to  be 
such  relation  as  above  described  of  a  seaman  under  this 
section  or  shall  make  a  false  statement  of  the  nature  or 
amount  of  any  debt  claimed  to  be  due  from  any  seaman 
under  this  section  shall  for  every  such  offense  be  punish- 
able by  a  fine  not  exceeding  five  hundred  dollars  or  im- 
prisonment not  exceeding  six  months,  at  the  discretion  of 
the  court.  . 

(f)  This  section  shall  apply  as  well  to  foreign  vessels 
as  to  vessels  of  the  United  States ;  and  any  master,  owner, 
consignee,  or  agent  of  any  foreign  vessel  who  has  violated 
its  provisions  shall  be  liable  to  the  same  penalty  that  the 
master,  owner,  or  agent  of  a  vessel  of  the  United  States 
would  be  for  a  similar  violation:  Provided,  That  treaties 
in  force  between  the  United  States  and  foreign  nations  do 

^^(g)  \lnder  the  direction  of  the  Secretary  of  Commerce  Feb  14, 1903. 
and  Labor  the  Commissioner  of  Navigation  shall  make  ^^^••^"• 
regulations  to  carry  out  this  section.  [This  section  shall 
not  apply  to  fishing  or  whaling  vessels  or  yachts— Dec.  21, 
1898,  sec.  26— but  this  section  shall  apply  to  all  vessels 
engaged  in  the  taking  of  oysters— June  28,  1906,  sec.  4.] 
96.   Wages  and  clothing-  exempt  from  attachment. 

No  wages  due  or  accruing  to  any  seaman  or  apprentice  ^'  ^•• 
shall  be  subject  to  attachment  or  arrestment  from  any 
court;  and  every  pavment  of  wages  to  a  seaman  or  ap- 
prentice shall  be  valid  in  law,  notwithstanding  any  pre- 
vious sale  or  assignment  of  wages,  or  of  any  attachment, 
incimibrance,  or  arrestment  thereon;  and  no  assignment 
or  sale  of  waives,  or  of  salvage,  made  prior  to  the  accruing 
thereof,  shall  bind  the  party  making  the  same,  except  such 


80  NAVIGATION  LA.WS   OF   THE  UNITED   STATES. 

advance  securities  as  are  authorized  by  this  Title  [R.  S., 
4501-4613].  ^    ^^    ^  _ 

Feb.  18, 1893.      The  clothing  of  any  seaman  shall  be  exempt  trom 
Apr.  11, 1904.  attachment,  and  any  person  who  shall  detain  such  cloth- 
ing when  demanded  by  the  owner  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  imprisoned  not  more  than 
six  months  or  fined  not  more  than  five  hundred  dollars, 

or  both.  1 1    J. 

R.  s.,  4537.  Xo  sum  exceeding  one  dollar  shall  be  recoverable  trom 

any  seaman,  by  any  one  person,  for  any  debt  contracted 
durimr  the  time  such  seaman  sliall  actually  belong  to  any 
vesseC  nntil  the  voyage  for  which  such  seaman  engaged 
shall  be  ended. 
97.   Desertion  of  seamen  abroad. 
R.  s.,  4600.  It  shall  be  the  duty  of  all  consular  officers  to  reclaim 

Dec.  21, 1898.  (jeserters,  discountenance  insubordination  by  every  means 
Sec.  21.  .^  ^j^^.^,  poAver,  and,  where  the  local  authorities  can  be  use- 

fully employed  for  that  purpose,  to  lend  their  aid  and  use 
their  exertions  to  that  end  in  the  most  effectual  manner. 
In  all  cases  where  seamen  or  officers  are  accused  the  con- 
sular officer  shall  inquire  into  the  facts  and  proceed  as 
provided  in  section  forty-five  hundred  and  eighty-three  of 
the  Revised  Statutes:  and  the  officer  discharging  such  sea- 
men shall  enter  upon  the  crew  list  and  shipping  articles 
and  official  log  the  cause  of  discharge  and  the  particulars 
in  which  the  cruel  or  unusual  treatment  consisted,  and 
subscribe  his  name  thereto  officially.  He  shall  read  the 
entry  made  in  the  official  log  to  the  master,  and  his  reply 
thereto,  if  any,  shall  likewise  be  entered  and  subscribed 
in  the  same  manner. 

98.  Desertion  of  foreign  seamen  in  the  United  States. 
E.  s.,  5280.  On  application  of  a  consul  or  vice-consul  of  any  foreign 
government  having  a  treaty  with  the  United  States  stipu- 
lating for  the  restoration ^of  seamen  deserting,  made  in 
writing,  stating  that  the  person  therein  named  has  de- 
serted from  a  vessel  of  any  such  government,  while  in  any 
port  of  the  United  States,  and  on  proof  by  the  exhibition 
of  the  register  of  the  vessel,  ship's  roll,  or  other  official 
document,  that  the  person  named  belonged,  at  the  time  of 
desertion,  to  the  crew  of  such  vessel,  it  shall  be  the  duty 
of  any  court,  judge,  commissioner  of  any  circuit  court, 
justice,  or  other  magistrate,  having  competent  power,  to 
issue  warrants  to  cause  such  person  to  be  arrested  for 
examination.  If,  on  examination,  the  facts  stated  are 
found  to  be  true,  the  person  arrested  not  being  a  citizen 
of  the  United  States,  shall  be  delivered  up  to  the  consul 
or  vice-consul,  to  be  sent  back  to  the  dominions  of  any 
such  government,  or,  on  the  request  and  at  the  expense  of 
the  consul  or  vice-consul,  shall  be  detained  until  the  con- 
sul or  vice-consul  finds  an  opportunity  to  send  him  back 
to  the  dominions  of  any  such  government.     No  person 


PART   V. MERCHANT   SEAMEN. 


81 


R.  S.,  4554. 
Aug.  19, 1890. 


R.  S.,  4555. 


SO  arrested  shall  be  detained  more  than  two  months  after 
his  arrest ;  but  at  the  end  of  that  time  shall  be  set  at  lib- 
erty, and  shall  not  be  again  molested  for  the  same  cause. 
If  any  such  deserter  shall  be  found  to  have  committed 
any  crime  or  offense,  his  surrender  may  be  delayed  until 
the  tribunal  before  which  the  case  shall  be  depending,  or 
may  be  cognizable,  shall  have  pronounced  its  sentence, 
and  such  sentence  shall  have  been  carried  into  effect. 
99.   Arbitration  before  shipping-commissioner. 

Every  shipping-commissioner  shall  hear  and  decide  any 
question  whatsoever  between  a  master,  consignee,  agent, 
or  owner,  and  any  of  his  crew,  which  both  parties  agree  in 
writing  to  subniit  tojiim;  and  every  award  so  made  by 
him  shall  be  binding  on  both  parties,  and  shall,  in  any 
legal  proceedings  which  may  be  taken  in  the  matter,  be- 
fore any  court  of  justice,  be  deemed  to  be  conclusive  as  to 
the  rights  of  parties.  And  any  document  under  the  hand 
and  official  seal  of  a  commissioner  purporting  to  be  such 
submission  or  award,  shall  be  prima-facie  evidence 
thereof. 

In  any  proceeding  relating  to  the  wages,  claims,  or  dis- 
charge of  a  seaman,  carried  on  before  any  shipping-com- 
missioner, under  the  provisions  of  this  Title  [II.  S.,  4501- 
4613],  such  shipping-commissioner  may  call  upon  the 
owner,  or  his  agent,  or  upon  the  master,  or  any  mate,  or 
any  other  member  of  the  crew,  to  produce  any  log-books, 
papers,  or  other  documents  in  their  possession  or  power, 
respectively,  relating  to  any  matter  in  question  in  such 
proceedings,  and  may  call  before  him  and  examine  any  of 
such  persons,  being  then  at  or  near  the  place,  on  any  such 
matter;  and  every  owner,  agent,  master,  mate,  or  other 
member  of  the  crew  who,  when  called  upon  by  the  ship- 
ping-commissioner, does  not  produce  any  such  books, 
papers,  or  documents,  if  in  his  possession  or  power,  or 
does  not  appear  and  give  evidence,  shall,  unless  he  shows 
some  reasonable  cause  for  such  a  default,  be  liable  to  a 
penalty  of  not  more  than  one  hundred  dollars  for  each 
offense;  and,  on  application  made  by  the  shipping-com- 
missioner, shall  be  further  punished,  in  the  discretion  of 
the  court,  as  in  other  cases  of  contempt  of  the  process  of 
the  court. 
100.    Soliciting  lodgers. 

If,  within  twenty-four  hours  after  the  arrival  of  any 
vessel  at  any  port  in  the  United  States,  any  person,  then  -^p^^-  is,  1904, 
being  on  board  such  vessel,  solicits  any  seaman  to  become 
a  lodger  at  the  house  of  any  person  letting  lodgings  for 
hire,  or  takes  out  of  such  vessel  any  effects  of  any  seaman, 
except  under  his  personal  direction,  and  with  the  permis- 
sion of  the  master,  he  shall,  for  every  such  offense,  be 
punishable  by  a  fine  of  not  more  than  fifty  dollars,  or  by 
imprisonment  for  not  more  than  three  months.  This  sec- 
9GG94°— 11 6 


R.  S.,  4607. 


82  NAVIGATION  LAWS   OF   THE   UNITED   STATES. 

tion  shall  apply  to  vessels  of  the  United  States  engaged 
in  the  foreign  trade  and  to  foreign  vessels. 

101.   Beturn   of  seamen  from  foreign  ports,   Alaska,   and  in- 
sular ports. 

R.s.,4577.  It  shall  be  the  duty  of  the  consuls,  vice-consuls,  com- 

mercial agents,  and  vice-commercial  agents,  from  time  to 
time,  to  provide  for  the  seamen  of  the  United  States,  who 
may  be  found  destitute  within  their  districts,  respectively, 
sufficient  subsistence  and  passages  to  some  port  in  the 
United  States,  in  the  most  reasonable  manner,  at  the  ex- 
pense of  the  United  States,  subject  to  such  instructions  as 
the  Secretary  of  State  shall  give.  The  seamen  shall,  if 
able,  be  bound  to  do  duty  on  boar^i  the  vessels  in  which 
they  may  be  transported,  according  to  their  several 
abilities. 

Mar.  3,  1911.  Eelief  and  protection  of  American  seamen  in  foreign 
countries,  and  shipwrecked  American  seamen  in  the  Ter- 
ritory of  Alaska,  in  the  Hawaiian  Islands,  Porto  Kico, 
the  Panama  Canal  Zone,  and  the  Philippine  Islands, 
thirtv  thousand  dollars. 

R.  s.,  4578.         All  masters  of  vessels  of  the  United  States,  and  bound 

June  26, 1884.  ^Q  some  port  of  the  same,  are  required  to  take  such  desti- 
^''"  *  tute  seamen  on  board  their  vessels,  at  the  request  of  con- 

sular officers,  and  to  transport  them  to  the  port  in  the 
United  States  to  which  such  vessel  may  be  bound,  on  such 
terms,  not  exceeding  ten  dollars  for  each  person  for  voy- 
ages of  not  more  than  thirty  days,  and  not  exceeding 

June  19,1886.  twenty  dollars  for  each  person  for  longer  voyages,  as  may 

Sec.  18.  ]^  agreed  between  the  master  and  the  consular  officer, 

when  the  transportation  is  by  a  sailing  vessel;  and  the 
regular  steerage  passenger  rate  not  to  exceed  two  cents 
per  mile  when  the  transportation  is  by  steamer ;  and  said 
consular  officer  shall  issue  certificates  for  such  transporta- 
tion, which  certificates  shall  be  assignable  for  collection. 
If  any  such  destitute  seaman  is  so  disabled  or  ill  as  to  be 
unable  to  perform  duty,  the  consular  officer  shall  so  cer- 
tify in  the  certificate  of  transportation,  and  such  addi- 
tional compensation  shall  be  paid  as  the  Comptroller  of 
the  Treasury  shall  deem  proper.  Every  such  master  who 
refuses  to  receive  and  transport  such  seamen  on  the  re- 
quest or  order  of  such  consular  officer  shall  be  liable  to  the 
United  States  in  a  penalty  of  one  hundred  dollars  for 
each  seaman  so  refused.  The  certificate  of  any  such  con- 
sular officer,  given  under  his  hand  and  official  seal,  shall 
be  presumptive  evidence  of  such  refusal  in  any  court  of 
law  having  jurisdiction  for  the  recovery  of  the  penalty. 
No  master  of  any  vessel  shall,  however,  be  obliged  to  take 
a  greater  number  than  one  man  to  every  one  hundred  tons 
burden  of  the  vessel  on  any  one  voyage,  or  to  take  any 
seaman  having  a  contagious  disease. 

B.S.,  4579.  A^Hienever  distressed  seamen  of  the  United  States  are 

transported  from  foreign  ports  where  there  is  no  consular 


PART   V. MERCHANT   SEAMEN.  83 

officer  of  the  United  States,  to  ports  of  the  United  States, 
there  shall  be  allowed  to  the  master  or  owner  of  each  ves- 
sel, in  which  they  are  transported,  such  reasonable  com- 
pensation, in  addition  to  the  allowance  now  fixed  by  law, 
as  shall  be  deemed  equitable  by  the  Comptroller  of  the 
Treasury. 
102.   Effects  of  deceased  seamen. 

Whenever  any  seaman  or  apprentice  belonging  to  or  ^-  ^^  ^^^^• 
sent  home  on  any  merchant  vessel,  whether  r  foreign- 
going  or  domestic  vessel,  employed  on  a  voyage  which  is 
to  terminate  in  the  United  States,  dies  during  such  vey- 
age,  the  master  shall  take  charge  of  all  moneys,  clothes, 
and  effects  which  he  leaves  on  board,  and  shall,  if  he 
thinks  fit,  cause  all  or  any  of  such  clothes  and  effects  to 
be  sold  by  auction  at  the  mast  or  other  public  auction,  and 
shall  thereupon  sign  an  entry  in  the  official  log-book,  and 
cause  it  to  be  attested  by  the  mate  and  one  of  the  crew, 
containing  the  following  particulars : 

First.  A  statement  of  the  amount  of  money  so  left  by 
the  deceased. 

Second.  In  case  of  a  sale,  a  description  of  each  article 
sold,  and  the  sum  received  for  each. 

Third.  A  statement  of  the  sum  due  to  ^  deceased  as 
wages,  and  the  total  amount  of  deductions,  if  any,  to  be 
made  therefrom. 

In  cases  embraced  by  the  preceding  section,  the  follow-  R-  s.,  4530. 
ing  rules  shall  be  observed : 

First.  If  the  vessel  proceeds  at  once  to  any  port  in  the 
United  States,  the  master  shall,  within  forty-eight  hours 
after  his  arrival,  deliver  any  such  effects  remaining  un- 
sold, and  pay  any  money  which  he  has  taken  charge  of,  or 
received  from  such  sale,  and  the  balance  of  wages  due  to 
the  deceased,  to  the  shipping-commissioner  at  the  port  of 
destination  in  the  United  States. 

Second.  If  the  vessel  touches  and  remains  at  some  for- 
eign port  before  coming  to  any  port  in  the  United  States, 
the  master  shall  report  the  case  to  the  United  States  con- 
sular officer  there,  and  shall  give  to  such  officer  any  infor- 
mation he  requires  as  to  the  destination  of  the  vessel  and 
probable  length  of  the  voyage;  and  such  officer  may,  if  he 
considers  it  expedient  so  to  do,  require  the  effects,  m/)ney, 
and  wages  to  be  delivered  and  paid  to  him,  and  shall,  upon 
such  delivery  and  payment,  give  to  the  master  a  receipt; 
and  the  master  shall  within  forty-eight  hours  after  his 
arrival  at  his  port  of  destination  in  the  United  States  pro- 
duce the  same  to  the  shipping-commissioner  there.  Such 
consular  officer  shall,  in  any  such  case,  indorse  and  certify 
upon  the  agreement  with  the  crew  the  particulars  with 
respect  to  such  delivery  and  payment. 

Third.  If  the  consular  officer  does  not  require  such  pay- 
ment and  delivery  to  be  made  to  him,  the  master  shall  take 
charge  of  the  effects,  money,  and  wages,  and  shall,  within 


84  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

forty-eight  hours  after  his  arrival  at  his  port  of  destina- 
tion in  the  United  States,  deliver  and  pay  the  same  to  the 
shipping-commissioner  there. 

Fourth.  The  master  shall,  in  all  cases  in  which  any 
seaman  or  apprentice  dies  during  the  voyage  or  engage- 
ment, give  to  such  officer  or  shipping-commissioner  an  ac- 
count, in  such  form  as  they  may  respectively  require,  of 
the  effects,  money,  and  wages  so  to  be  delivered  and  paid ; 
and  no  deductions  claimed  in  such  account  shall  be  al- 
lowed unless  verified  by  an  entry  in  the  official  log-book, 
if  there  be  any;  and  by  such  other  vouchers,  if  any,  as 
may  be  reasonably  required  by  the  officer  or  shipping-com- 
missioner to  whom  the  account  is  rendered. 

Fifth.  Upon  due  compliance  with  such  of  the  provisions 
of  this  section  as  relate  to  acts  to  be  done  at  the  port  of 
destination  in  the  United  States,  the  shipping-commis- 
sioner shall  grant  to  the  master  a  certificate  to  that  effect. 
No  officer  of  customs  shall  clear  an}^  foreign-going  vessel 
without  the  production  of  such  certificate. 
R.  s.,  4540.  Whenever  any  master  fails  to  take  such  charge  of  the 
money  or  other  effects  of  a  seaman  or  apprentice  during  a 
voyage,  or  to  make  such  entries  in  respect  thereof,  or  to 
procure  such  attestation  to  such  entries,  or  to  make  such 
payment  or  delivery  of  any  money,  wages,  or  effects  of 
any  seaman  or  apprentice  dying  during  a  voj^age,  or  to 
give  such  account  in  respect  thereof  as  is  above  directed, 
he  shall  be  accountable  for  the  money,  wages,  and  effects 
of  the  seaman  or  apprentice  to  the  circuit  court  in  whose 
jurisdiction  such  port  of  destination  is  situate,  and  shall 
pay  and  deliver  the  same  accordingly;  and  he  shall,  in 
addition,  for  every  such  offense,  be  liable  to  a  penalty  of 
not  more  than  treble  the  value  of  the  money  or  effects,  or, 
if  such  value  is  not  ascertained,  not  more  than  two  hun- 
dred dollars ;  and  if  any  such  money,  wages,  or  effects  are 
not  duly  paid,  delivered,  and  accounted  for  by  the  master, 
the  owner  of  the  vessel  shall  pay,  deliver,  and  account  for 
the  same,  and  such  money  and  wages  and  the  value  of 
such  effects  shall  be  recoverable  from  him  accordingly; 
and  if  he  fails  to  account  for  and  pay  the  same,  he  shall, 
in  addition  to  his  liability  for  the  money  and  value,  be 
liable  to  the  same  penalty  which  is  incurred  by  the  master 
for  a  like  offense ;  and  all  money,  wages,  and  effects  of  any 
seaman  or  apprentice  dying  during  a  voyage  shall  be 
recoverable  in  the  courts  "and  by  the  modes  of  proceeding 
by  which  seamen  are  enabled  to  recover  wages  due  to 
them. 
R.  s.,  4541,  Whenever  any  such  seaman  or  apprentice  dies  at  any 

SeT'4^'  ^^^^  phace  out  of  the  United  States,  leaving  any  money  or 
effects  not  on  board  of  his  vessel,  the  consular  officer  of  the 
United  States  at  or  nearest  the  place  shall  claim  and  take 
charge  of  such  money  and  effects,  and  shall,  if  he  thinks 
fit,  sell  all  or  any  of  such  effects,  or  any  effects  of  any 
deceased  seaman  or  apprentice  delivered  to  liim  under  the 


R,  S.,  4543. 


PAET   V. MEKCHANT   SEAMEN.  85 

provisions  of  this  Title  [R.  S.,  4501-4613],  and  shall 
quarterly  remit  to  the  circuit  court  for  the  circuit  embrac- 
ing the  port  from  which  such  vessel  sailed,  or  the  port 
where  the  voyage  terminates,  all  moneys  belonging  to  or 
arising  from  the  sale  of  the  effects  or  paid  as  the  wages  of 
any  deceased  seamen  or  apprentices  which  have  come  to 
his  hands;  and  shall  render  such  accounts  thereof  as  the 
circuit  court  requires. 

Whenever  any  seaman  or  apprentice  dies  in  the  United  ^-  ^■'  *^*^* 
States,  and  is,  at  the  time  of  his  death,  entitled  to  claim 
from  the  master  or  owner  of  any  vessel  in  which  he  has 
served,  any  unpaid  wages  or  effects,  such  master  or  owner 
shall  pay  and  deliver,  or  account  for  the  same,  to  the  ship-   ^^^^-  ^'  '^^^'^' 
ping-commissioner    at    the    port    where    the    seaman  or   "^^'   ' 
apprentice   was   discharged,   or  was   to  have   been  dis- 
charged, or  where  he  died. 

Every  shipping-commissioner  in  the  United  States 
shall,  within  one  week  from  the  date  of  receiving  any  such 
money,  wages,  or  effects  of  any  deceased  seaman  or  ap- 
prentice, pay,  remit,  or  deliver  to  the  circuit  court  of  the 
circuit  in  which  he  resides,  the  monej'',  wages,  or  effects, 
subject  to  such  deductions  as  may  be  allowed  by  the  cir- 
cuit court  for  expenses  incurred  in  respect  to  such  money 
and  effects;  and  should  any  commissioner  fail  to  pay, 
remit,  and  deliver  the  same  to  the  circuit  court,  within 
the  time  hereinbefore  mentioned,  he  shall  incur  a  penalty 
of  not  more  than  treble  the  value  of  such  money  and 
effects. 

If  the  money  and  effects  of  any  seaman  or  apprentice 
paid,  remitted,  or  delivered  to  the  circuit  court,  including 
the  moneys  received  for  any  part  of  his  effects  which  have 
been  sold,  either  before  delivery  to  the  circuit  court,  or  by 
its  directions,  do  not  exceed  in  value  the  sum  of  three  hun- 
dred dollars,  then,  subject  to  the  provisions  hereinafter 
contained,  and  to  all  such  deductions  for  expenses  in- 
curred in  respect  to  the  seaman  or  apprentice,  or  of  his 
money  and  effects,  as  the  said  court  thinks  fit  to  allow, 
the  court  may  pay  and  deliver  the  said  money  and  effects 
to  any  claimants  who  can  prove  themselves  either  to  be 
his  widow  or  children,  or  to  be  entitled  to  the  effects  of 
the  deceased  under  his  will,  or  under  any  statute,  or  at 
common  law,  or  to  be  entitled  to  procure  probate,  or  take 
out  letters  of  administration  or  confirmation,  although  no 
probate  or  letters  of  administration  or  confirmation  have 
been  taken  out,  and  shall  be  thereby  discharged  from  all 
further  liability  in  respect  of  the  money  and  effects  so 
paid  and  delivered ;  or  may,  if  it  thinks  fit  so  to  do,  re- 
quire probate,  or  letters  of  administration  or  confirma- 
tion, to  be  taken  out,  and  thereupon  pay  and  deliver  the 
said  money  and  effects  to  the  legal  personal  representa- 
tives of  the  deceased;  and  if  such  money  and  eff'ects  ex- 
ceed in  value  the  sum  of  three  hundred  dollars,  then,  sub- 


R.  S.,  4544. 


86  NAVIGATION   LAWS   OF    THE   UNITED   STATES. 

ject  to  deduction  for  expenses,  the  court  shall  pay  and 
deliver  the  same  to  the  legal  personal  representatives  of 
the  deceased. 
R.  s.,  4545.  A  circuit  court,  in  its  discretion,  may  at  any  time  direct 
Mar  3,  1897.  ^}^g  g^|g  ^f  f^Q  whole  or  any  part  of  the  effects  of  a  de- 
ceased seaman  or  apprentice,  which  it  has  received  or  may 
hereafter  receive,  and  shall  hold  the  proceeds  of  such  sale 
as  the  Avages  of  deceased  seamen  are  held.  When  no 
claim  to  the  wages  or  effects  or  proceeds  of  the  sale  of  the 
effects  of  a  deceased  seaman  or  apprentice,  received  by  a 
circuit  court,  is  substantiated  within  six  years  after  the 
receipt  thereof  by  the  court,  it  shall  be  in  the  absolute  dis- 
cretion of  the  court,  if  any  subsequent  claim  is  made, 
either  to  allow  or  refuse  the  same.  Such  courts  shall, 
from  time  to  time,  pay  any  moneys  arising  from  the  un- 
claimed wages  and  effects  of  deceased  seamen,  which  in 
their  opinion  it  is  not  necessary  to  retain  for  the  purpose 
of  satisfying  claims,  into  the  Treasury  of  the  United 
States,  and  such  moneys  shall  form  a  fund  for,  and  be 
ai^propriated  to,  the  relief  of  sick  and  disabled  and  desti- 
tute seamen  belonging  to  the  United  States  merchant 
marine  service. 
103.    Offenses  and  punishments. 

D  ^21^1898       "^^^^  words  "domestic  trade"  in  this  section  shall  in- 
Sec.  19.'  elude  trade  between  ports  of  the  United  States  and  trade 

between  ports  of  the  United  States  and  the  Dominion  of 
Canada,  Newfoundland,  the  West  Indies,  and  Mexico. 
The  words  "foreign  trade"  shall  include  trade  between 
ports  of  the  United  States  and  foreign  ports,  except  as 
above  specified,  and  trade  between  Atlantic  and  Pacific 
ports  of  the  United  States.  Wlienever  any  seaman  who 
has  been  lawfully  engaged  or  any  a23prentice  to  the  sea 
service  commits  any  of  the  following  offenses  he  shall  be 
punishable  as  follows: 

First.  For  desertion,  if  the  offense  occur  at  a  port  of 
the  United  States,  or  a  foreign  port  in  the  domestic  trade, 
by  forfeiture  of  all  or  any  part  of  the  clothes  or  effects 
he  leaves  on  board  and  of  all  or  any  part  of  the  wages  or 
emoluments  which  he  has  then  earned.  If  the  offense 
occur  at  a  foreign  port  in  the  foreign  trade,  by  forfeiture 
of  all  or  any  part  of  the  clothes  or  effects  he  leaves  on 
board  and  of  all  or  any  part  of  the  wages  or  emoluments 
which  he  has  then  earned ;  and  also,  at  the  discretion  of 
the  court,  by  imprisonment  for  not  more  than  one  month. 
Second.  For  neglecting  or  refusing,  without  reasonable 
cause,  to  join  his  vessel  or  to  proceed  to  sea  in  his  vessel, 
or  for  absence  without  leave  at  any  time  within  twenty- 
four  hours  of  the  vessel's  sailing  from  any  port,  either  at 
the  commencement  or  during  the  progress  of  any  voyage, 
or  for  absence  at  any  time  without  leave  and  without  suf- 
ficient reason  from  his  vessel  or  fjom  his  duty,  not 
amounting  to  desertion  or  not  treated  as  such  by  the 


PAUT   V. MERCHANT    SEAMEN.  87 

master,  if  the  offense  occur  at  a  j)ort  of  the  United  States 
or  a  foreign  port  in  the  domestic  trade,  by  a  forfeiture 
from  his  wages  of  not  more  than  two  days'  pay,  or  suf- 
ficient to  defray  any  expenses  which  have  been  properly 
incurred  in  hiring  a  substitute;  or  if  the  offense  occur  at 
a  foreign  port,  in  the  foreign  trade,  by  a  forfeiture  from 
his  wages  of  not  more  than  two  days'  pay,  or,  at  the 
discretion  of  the  court,  by  imprisonment  for  not  more 
than  one  month. 

Third.  For  quitting  the  vessel,  in  whatever  trade  en- 
gaged, at  a  foreign  or  domestic  port,  without  leave  after 
her  arrival  at  her  port  of  delivery  and  before  she  is 
placed  in  security,  by  forfeiture  from  his  wages  of  not 
more  than  one  month's  pay. 

Fourth.  For  willful  disobedience  to  any  lawful  com- 
mand at  sea,  by  being,  at  the  option  of  the  master,  placed 
in  irons  until  such  disobedience  shall  cease,  and  upon 
arrival  in  port,  if  of  the  United  States,  by  forfeiture 
from  his  wages  of  not  more  than  four  days'  pay,  or  upon 
arrival  in  a  foreign  port  by  forfeiture  from  his  wages  of 
not  more  than  four  days'  pay,  or,  at  the  discretion  of  the 
court,  by  imprisonment  for  not  more  than  one  month. 

Fifth.  For  continued  willful  disobedience  to  lawful 
command  or  continued  willful  neglect  of  duty  at  sea  by 
being,  at  the  option  of  the  master,  placed  in  irons,  on 
bread  and  water,  with  full  rations  every  fifth  day,  until 
such  disobedience  shall  cease,  and  upon  arrival  in  port,  if 
of  the  United  States,  by  forfeiture,  for  every  twenty-four 
hours'  continuance  of  such  disobedience  or  neglect,  of 
either  a  sum  of  not  more  than  twelve  days'  pay  or  suf- 
ficient to  defray  any  expenses  which  have  been  properly 
incurred  in  hiring  a  substitute,  or  upon  arrival  in  a 
foreign  port,  in  ad^dition  to  the  above  penalty,  by  impris- 
onment for  not  more  than  three  months,  at  the  discretion 
of  the  court. 

Sixth.  For  assaulting  any  master  or  mate,  in  whatever 
trade  engaged,  by  imprisonment  for  not  more  than  two 
years. 

Seventh.  For  willfully;  damaging  the  vessel,  or  embez- 
zling or  willfully  damaging  any  of  the  stores  or  cargo,  in 
whatever  trade  engaged,  by  forfeiture  out  of  his  wages  of 
a  sum  equal  in  amount  to  the  loss  thereby  sustained,  and 
also,  at  the  discretion  of  the  court,  by  imprisonment  for 
not  more  than  twelve  months. 

Eighth.  For  any  act  of  smuggling  for  which  he  is  con- 
victed, and  whereby  loss  or  damage  is  occasioned  to  the 
master  or  owner,  in  whatever  trade  engaged,  he  shall  be 
liable  to  pay  such  master  or  owner  such  a  sum  as  is  suffi- 
cient to  reimburse  the  master  or  owner  for  such  loss  or 
damage ;  and  the  whole  or  any  part  of  his  wages  may  be 
retained  in  satisfaction  or  on  account  of  such  liability; 
and  he  shall  be  liable  to  imprisonment  for  a  period  of  not 
more  than  twelve  months. 


8S  NAVIGATION  LAWS   OF   THE   UNITED   STATES. 

De^  21^1898  •    ^P°^  ^^^^  commission  of  any  of  the  offenses  enumerated 

Sec.  20.'  ^^  ^^^6  preceding  section  an  entry  thereof  shall  be  made  in 

the  official  log  book  on  the  day  on  which  the  offense  was 
committed,  and  shall  be  sig-ned  by  the  master  and  by  the 
mate  or  one  of  the  crew ;  and  the  offender,  if  still  in  the 
vessel,  shall,  before  her  next  arrival  at  any  port,  or,  if  she 
is  at  the  time  in  port,  before  her  departure  therefrom,  be 
furnished  with  a  copy  of  such  entry,  and  have  the  same 
read  over  distinctly  and  audibly  to  him,  and  may  there- 
upon make  such  a  reply  thereto  as  he  thinks  fit ;  and  a 
statement  that  a  copy  of  the  entry  has  been  so  furnished, 
or  the  same  has  been  so  read  over,  together  with  his  reply, 
if  any,  made  by  the  offender,  shall  likewise  be  entered  and 
signed  in  the  same  manner.  In  any  subsequent  legal  pro- 
ceedings the  entries  hereinbefore  required  shall,  if  practi- 
cable, be  produced  or  proved,  and  in  default  of  such  pro- 
duction or  proof  the  court  hearing  the  case  may,  at  its 
discretion,  refuse  to  receive  evidence  of  the  offense. 

R.  s.,  4604.  All  clothes,  effects,  and  wages  which,  under  the  pro- 

visions of  this  Title  [E.  S.,  4501-4613],  are  forfeited  for 
desertion,  shall  be  applied,  in  the  first  instance,  in  pay- 
ment of  the  expenses  occasioned  by  such  desertion,  to  the 
master  or  owner  of  the  vessel  from  which  the  desertion 
has  taken  place,  and  the  balance,  if  any,  shall  be  paid  by 
the  master  or  owner  to  any  shipping-commissioner  resi- 
dent at  the  port  at  which  the  voyage  of  such  vessel  termi- 
nates; and  the  shipping-commissioner  shall  account  for 
and  pay  over  such  balance  to  the  judge  of  the  circuit 
court  within  one  month  after  the  commissioner  receives 
the  same,  to  be  disposed  of  by  him  in  the  same  manner  as 
is  prescribed  for  the  disposal  of  the  money,  effects,  and 
wages  of  deceased  seamen.  Whenever  any  master  or 
owner  neglects  or  refuses  to  pay  over  to  the  shipping- 
commissioner  such  balance,  he  shall  be  liable  to  a  penalty 
of  double  the  amount  thereof,  recoverable  by  the  commis- 
sioner in  the  same  manner  that  seamen's  wages  are  recov- 
ered. In  all  other  cases  of  forfeiture  of  wages,  the  for- 
feiture shall  be  for  the  benefit  of  the  master  or  owner  by 
whom  the  wages  are  payable. 

E.  s.,  4002.  Any  master  of,  or  any  seaman  or  apprentice  belonging 
to,  any  merchant  vessel,  who,  by  willful  breach  of  duty. 
or  by  reason  of  drunkenness,  does  anj^  act  tending  to  the 
immediate  loss  or  destruction  of.  or  serious  damage  to 
such  vessel,  or  tending  immediately  to  endanger  the  life 
or  limb  of  any  person  belonging  to  or  on  board  of  such- 
vessel;  or  who,  by  willful  breach  of  duty,  or  by  neglect  of 
duty,  or  by  reason  of  drunkenness,  refuses  or  omits  to  do 
any  lawful  act  proper  and  requisite  to  be  done  by  him  for 
preserving  such  vessel  from  immediate  loss,  destruction, 
or  serious  damage,  or  for  preserving  any  person  belong- 
ing to  or  on  board  of  such  ship  from  immediate  danger 
to  life  or  limb,  shall,  for  every  such  offense,  be  deemed 
guilty  of  a  misdemeanor,  punishable  by  imprisonment  for 
not  more  than  twelve  months. 


PART   V. MERCHANT   SEAMEN.  89 

No   seaman   in   the   merchant-service   shall   wear   any   ^-  S-.  4608. 
sheath-knife  on  shipboard.     It  shall  be  the  duty  of  the 
master  of  any  vessel  registered,  enrolled,  or  licensed  under 
the  laws  of  the  United  States,  and  of  the  person  entering 
into  contract  for  the  employment  of  a  seaman  upon  any 
such  vessel,  to  inform  every  person  offering  to  ship  him- 
self of  the  provisions  of  this  section,  and  to  require  his 
compliance  therewith,  under  a  penalty  of  fifty  dollars  for 
each  omission,  to  be  sued  for  and  recovered  in  the  name  of 
the  United  States,  under  the  direction  of  the  Secretary  of   l^^-^^'  ^^^^' 
Commerce  and  Labor;  one  half  for  the  benefit  of  the     ^^'     ' 
informer,  and  the  other  half  for  the  benefit  of  the  fund 
for  the  relief  of  sick  and  disabled  seamen. 

104.  Corporal  punishment  prohibited. 

Flogging  and  all  other  forms  of  corporal  punishment  ^^f  oi^iggg. 
are  hereby  prohibited  on  board  any  vessel,  and  no  form  of  gee.' 22.' 
corporal  punishment  on  board  any  vessel  shall  be  deemed 
justifiable,  and  any  master  or  other  officer  thereof  who 
shall  violate  the  aforesaid  provisions  of  this  section  or 
either  thereof  shall  be  deemed  guilty  of  a  misdemeanor, 
punishable  by  imprisonment  not  less  than  three  months  or 
more  than  two  years.  Whenever  any  officer  other  than 
the  master  of  such  vessel  shall  violate  any  provision  of 
this  section,  it  shall  be  the  duty  of  such  master  to  sur- 
render such  officer  to  the  proper  authorities  as  soon  as 
practicable.  Any  failure  upon  the  part  of  such  master  to 
comply  herewith,  which  failure  shall  result  in  the  escape 
of  such  officer,  shall  render  said  master  liable  in  dam.ages 
to  the  person  illegally  punished  by  such  officer. 

105.  Procedure. 

All  penalties  and  forfeitures  imposed  by  this  Title  R-S.,46io. 
[R.  S.,  4501-^613],  for  the  recovery  whereof  no  specific 
mode  is  hereinbefore  provided,  may  be  recovered,  with 
costs,  in  any  circuit  court  of  the  United  States,  at  the  suit 
of  any  district  attorney  of  the  United  States,  or  at  the 
suit  of  any  person  by  information  to  any  district  attor- 
ney in  any  port  of  the  United  States,  where  or  near  to 
where  the  offense  is  committed  or  the  offender  is  found ; 
and  if  a  conviction  is  had,  and  the  sum  imposed  as  a 
penalty  by  the  court  is  not  paid  either  immediately  after 
the  conviction,  or  within  such  period  as  the  court  at  the 
time  of  the  conviction  appoints,  it  shall  be  lawful  for  the 
court  to  commit  the  offender  to  prison,  there  to  be  im- 
prisoned for  the  term  hereinbefore  provided  in  case  of 
such  offense,  the  commitment  to  be  terminable  upon  pay- 
ment of  the  amount  and  costs ;  and  all  penalties  and  for- 
feitures mentioned  in  this  Title  for  which  no  special 
application  is  provided,  shall,  when  recovered,  be  paid 
and  applied  in  manner  following :  So  much  as  the  court 
shall  determine,  and  the  residue  shall  be  paid  to  the  court 
and  be  remitted  from  time  to  time,  by  order  of  the  judge, 
to  the  Treasury  of  the  United  States,  and  appropriated 


90  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

as  provided  for  in  section  forty-five  hundred  and  forty- 
five:  Provided  always^  That  it  shall  be  lawful  for  the 
court  before  which  any  proceeding  shall  be  instituted  for 
the  recovery  of  any  pecuniary  penalty  imposed  by  this 
act,  to  mitigate  or  reduce  such  penalty  as  to  such  court 
shall  appear  just  and  reasonable;  but  no  such  penalty 
shall  be  reduced  to  less  than  one-third  of  its  original 
amount:  Provided  also^  That  all  proceedings  so  to  be 
instituted  shall  be  commenced  within  two  years  next  after 
the  commission  of  the  offense,  if  the  same  shall  have  been 
committed  at  or  beyond  the  Cape  of  Good  Hope  or  Cape 
Horn,  or  within  one  year  if  committed  elsewhere,  or 
within  two  months  after  the  return  of  the  offender  and 
tiie  com]3laining  party  to  the  United  States;  and  there 
sliall  be  no  appeal  from  any  decision  of  any  of  the  circuit 
courts,  unless  the  amount  sued  for  exceeds  the  sum  of  five 
hundred  dollars. 

Table  A. 

106.   Form  of  articles  of  agreement. 
United  States  of  America. 
R.  s.,  4612.         (Date  and  place  of  first  signature  of  agreement,  includ- 
ing name  of  shipping-office.) 

It  is  agreed  between  the  master  and  seamen  or  mariners 

of  the ,  of  which is  at  present 

master,  or  whoever  shall  go  for  master,  now  bound  from 

the  port  of ,  ,  to ,  ,  (here  the 

voyage  is  to  be  described,  and  the  places  named  at  Avhich 
the  vessel  is  to  touch,  or  if  that  cannot  be  done,  the  general 
nature  and  probable  length  of  the  voyage  is  to  be  stated.) 

And  the  said  crew  agree  to  conduct  themselves  in  an 
orderl}^,  faithful,  honest,  and  sober  manner,  and  to  be  at 
all  times  diligent  in  their  respective  duties,  and  to  be  obe- 
dient to  the  lawful  commands  of  the  said  master,  or  of  any 
person  who  shall  lawfully  succeed  him,  and  of  their  supe- 
rior officers  in  everything  relating  to  the  vessel,  and  the 
stores  and  cargo  thereof,  whether  on  board,  in  boats,  or  o]i 
shore;  and  in  consideration  of  which  service,  to  be  duly 
performed,  the  said  master  hereby  agrees  to  pay  the  said 
crew,  as  wages,  the  sums  against  their  names  respectively 
expressed,  and  to  supply  them  with  provisions  according 
to  the  annexed  scale.  And  it  is  hereby  agreed  that  aiiy 
einbezzlement,  or  willful  or  negligent  destruction  of  any 
part  of  the  vessel's  cargo  or  stores,  shall  be  made  good  to 
the  owner  out  of  the  wages  of  the  person  guilty  of  the 
same;  and  if  any  person  enters  himself  as  qualified  for  a 
duty  which  he  proves  himself  incompetent  to  perform,  his 
wages  shall  be  reduced  in  proportion  to  his  incompetency. 
And  it  is  also  agreed  that  if  any  member  of  the  crew  con- 
siders himself  to  be  aggrieved  by  any  breach  of  the  agree- 
ment or  otherwise,  he  shall  represent  the  same  to  the 
master  or  officer  in  charge  of  the  vessel,  in  a  quiet  and 


PART   V. MERCHANT    SEAMEN. 


91 


orderly  manner,  who  shall  thereupon  take  such  steps  as 
the  case  may  require.  And  it  is  also  agreed  that  (here 
any  other  stipulations  may  be  inserted  to  which  the 
parties  agree,  and  which  are  not  contrary  to  law). 

In  witness  wdiereof  the  said  parties  have  subscribed 
their  names  hereto,  on  the  days  against  their  respective 
signatures  mentioned. 

Signed  by ,  master,  on  the  day  of 

■ ,  eighteen  hundred  and . 


Height. 

Descrip- 
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-d 

June  26, 1884. 
Sec.  10. 


Dec.  21,  1898. 
Sec.  24. 


Note. — In  the  place  for  signatures  and  descriptions  of 
men  engaged  after  the  first  departure  of  the  ship,  the 
entries  are  to  be  made  as  above,  except  that  the  signatures 
of  the  consul  or  vice-consul,  officer  of  customs,  or  witness 
before  Avhom  the  man  is  engaged,  is  to  be  substituted  for 
that  of  the  shipping-master. 
107.   Account  of  apprentices  on  board. 


Christian  and 
surname  of  ap- 
prentice in  fulh 


Date  of  regis- 
try of  inden- 
ture. 


Port  at  which 

indenture  was 

registered. 


Date  of  regis- 
ter of  assign- 
ment. 


Port  at  which    ^-  S-'  4612. 
assignment  was 
registered. 


92 


NAVIGATION   LAWS   OF    THE   UNITED   STATES. 


108.    Scale  of  provisions  to  be  allowed  and  served  out  to  crew 
during*  the  voyage. 


R.  S.,  4612. 
Dec.  21,  1898. 
Sec.  23. 


Water quarts. . 

Biscuit poun  d . . 

Beef,  salt pounds. . 

Pork,  salt pound. . 

Flour pound. . 

Canned  meat pound . . 

Fresh  bread pounds. . 

Fish,  dry,  preserved,  or  fresh. . .pound. . 

Potatoes  or  yams pound.. 

Canned  tomatoes pound . . 

Pease pint.. 

Beans pi  nt . . 

Rice pint.. 

Coffee  (green  berry) ounce.. 

Tea ounce. . 

Su.arar oun  ces. . 

Molasses pint . . 

Dried  fruit ounces . . 

Pickles pint. . 

Vinegar pint. . 

Corn  meal ounces. . 

Onions ounces. . 

Lard ounce . . 

Butter ounce. . 

Mustard,  pepper,  and  salt  sufficient  for 
seasoning. 


SUr.STTTUTES. 


One  pound  of  flour  daily  may  be  substituted  for  the 
daily  ration  of  biscuit  or  fresli  bread ;  two  ounces  of  desic- 
cated vegetables  for  one  pound  of  potatoes  or  yams;  six 
ounces  of  hominy,  oatmeal,  or  cracked  wheat,  or  two 
ounces  of  tapioca,  for  six  ounces  of  rice;  six  ounces  of 
canned  vegetables  for  one-half  pound  of  canned  toma- 
toes; one-eighth  of  an  ounce  of  tea  for  three-fourths  of 
an  ounce  of  coffee ;  three-fourths  of  an  ounce  of  coffee  for 
one-eighth  of  an  ounce  of  tea ;  six  ounces  of  canned  fruit 
for  three  ounces  of  dried  fruit;  one-half  ounce  of  lime 
juice  for  the  daily  ration  of  vinegar;  four  ounces  of  oat- 
meal or  cracked  wheat  for  one-half  pint  of  corn  meal; 
two  ounces  of  pickled  onions  for  four  ounces  of  fresh 
onions. 

When  the  vessel  is  in  port  and  it  is  possible  to  obtain 
the  same,  one-and-one-half  pounds  of  fresh  meat  shall  be 
substituted  for  the  daity  rations  of  salt  and  canned  meat ; 
one-half  pound  of  green  cabbage  for  one  ration  of  canned 
tomatoes;  one-half  pound  of  fresh  fruit  for  one  ration  of 
dried  fruit.  Fresh  fruit  and  vegetables  shall  be  served 
while  in  port  if  obtainable.  The  seamen  shall  have  the 
option  of  accepting  the  fare  the  master  may  provide,  but 
the  right  at  any  time  to  demand  the  foregoing  scale  of 
provisions.  The  foregoing  scale  of  provisions  shall  be 
inserted  in  every  article  of  agreement,  and  shall  not  be 
reduced  by  any  contract,  except  as  above,  and  a  copy  of 


PART  V. MEECHANT   SEAMEN. 


93 


the  same  shall  be  posted  in  a  conspicuous  place  in  the  gal- 
le}^  and  in  the  forecastle  of  each  vessel.  [Fishing  or 
whaling  vessels  or  yachts  exempt — December  21,  1898, 
sec.  26.] 

Table  B. 


109.    Certificate  of  discharge. 


a 

0) 

i 

a 

c3  t< 

1^ 

©"S 

■£« 

-Sp, 

a 

o  « 

S) 

^ 

!s2 

1l 

1 

'Si 

q5 

^4 
It 

§ 

o 

5 

o 

-^ 

-2 

Q 

O 

o 

i 

^2; 

o 

3  o 

1 

0) 

ft 

i 

R.  S.,  4612. 


I  certify  that  the  above  particulars  are  correct,  and  that 
the  above-named  seaman  was  discharged  accordingly. 
Dated day  of ,  eighteen  hundred  and -. 


(Signed) 
(Countersigned) 


Master. 


Seaman. 


Given  to  the  above-named  seaman  in  my  presence  this 
day  of ,  eighteen  hundred  and . 


(Signed) 


Shipping-Commissioner. 


110.   Sick  and  disabled  seamen. 

The  President  is  authorized  to  receive  donations  of  real   R-  s.,  4801. 
or  personal  property,  in  the  name  of  the  United  States, 
for  the  erection  or  support  of  hospitals  for  sick  and  dis- 
abled seamen.  ,  . 

The  term  "  seaman,"  wherever  employed  m  legislation  Mar.  3.  1875, 
relating  to  the  marine-hospital  service,  shall  be  held  to     ^^-  • 
include  any  person  employed  on  board  in  the  care,  pres- 
ervation, or  navigation  of  any  vessel,  or  in  the  service,  on 
board,  of  those  'engaged  in  such  care,  preservation,  or 

navigation.  .  ^     ^  •         r  «  4sn4 

No  person  employed  in  or  connected  with  the  naviga-   «•  ^^  *°"  • 
tion,  manao-ement,  or  use  of  canal-boats  engaged  m  the 
coasting-trade  shall  by  reason  thereof  be  entitled  to  any 
benefit  or  relief  from  the  marine-hospital  fund. 

Sick  and  disabled  seamen  of  foreign  vessels  and  ot  ves- 
sels [not  subject  to  hospital-dues]  may  be  cared  for  by 


Mar.  3,  1875. 
Sec.  6. 


94  NAVIGATION  LAWS   OF   THE   UNITED   STATES. 

the  marine-hospital  service  at  such  rates  and  under  such 
regulations  as  the  Secretary  of  the  Treasury  may  pre- 
scribe. 
R.  s.,  4805.  Sick  foreign  seamen  may  be  admitted  to  the  marine  hos- 

pitals within  the  United  States,  if  it  can  with  convenience 
be  done,  on  the  application  of  the  master  of  any  foreign 
vessel  to  which  any  such  seaman  may  belong.     Each  sea- 
Mar.  3,  1875.  jnan  so  admitted  shall  be  subject  to  a  charge  of  [seventy- 
Sec.  6.  g^.g  cents]   per  day  for  each  day  he  may  remain  in  the 

hospital,  which  shall  be  paid  by  the  master  of  such  for- 
eign S^ssel  to  the  collector  of  the  collection-district  in 
which  such  hospital  is  situated.  And  the  collector  shall 
not  grant  a  clearance  to  any  foreign  vessel  until  the 
mone}^  so  due  from  her  master  shall  be  paid.  The  officer 
in  charge  of  each  hosj^ital  is  hereby  directed,  under  pen- 
alty of  fifty  dollars,  to  make  out  the  accounts  against 
each  foreign  seaman  that  may  be  placed  in  the  hospital 
under  his  direction,  and  render  the  same  to  the  collector. 
Mar.  3,  1875.  Insane  patients  of  said  [marine  hospital]  service  shall 
^®^'  ^'  be  admitted  into  the  Government  Hospital  for  the  Insane 

upon  the  order  of  the  Secretary  of  the  Treasury,  and  shall 
be  cared  for  therein  until  cured  or  until  removed  by  the 
same  authority;  and  the  charge  for  each  such  patient 
shall  not  exceed  four  dollars  and  fifty  cents  a  week,  which 
charge  shall  be  paid  out  of  the  marine-hospital  fund. 
Aug.  4, 1894.  The  privilege  of  admission  to  and  temporary  treatment 
in  the  marine  hospitals  under  the  control  of  the  Govern- 
ment of  the  United  States  be,  and  is  hereby,  extended  to 
the  keepers  and  crews  of  the  Life-Saving  Service  under 
the  same  rules  and  regulations  as  those  governing  sailors 
and  seamen,  and  for  the  purposes  of  this  Act  members  of 
the  Life-Saving  Service  shall  be  received  in  said  hospitals 
and  treated  therein,  and  at  the  dispensaries  thereof,  as  are 
seamen  of  American  registered  vessels;  but  this  Act  shall 
not  be  so  construed  as  to  compel  the  establishment  of  hos- 
pitals or  dispensaries  for  the  benefit  of  said  keepers  and 
crews,  nor  as  establishing  a  home  for  the  same  when  per- 
manently disabled. 

111.   Jurisdiction  over  American  seamen  in  foreign  ports  and 
foreign  seamen  in  American  ports. 

R.  s.,  4079.  ^^Hienever  it  is  stipulated  by  treaty  or  convention  be- 
tween the  United  States  and  any  foreign  nation  that  the 
consul-general,  consuls,  vice-consuls,  or  consular  or  com- 
mercial agents  of  each  nation,  shall  have  exclusive  juris- 
diction of  controversies,  difficulties,  or  disorders  arising 
at  sea  or  in  the  waters  or  ports  of  the  other  nation,  be- 
tween the  master  or  officers  and  any  of  the  crew,  or  between 
any  of  the  crew  themselves,  of  any  vessel  belonging  to  the 
nation  repi-esented  by  such  'consular  officer,  such  stipula- 
tions shall  be  executed  and  enforced  within  the  jurisdic- 


PART   V. MERCHANT    SEAMEN.  95 

tion  of  the  United  States  as  hereinafter  declared.  But 
before  this  section  shall  take  effect  as  to  the  vessels  of  any 
particular  nation  having  such  treaty  with  the  United 
States,  the  President  shall  be  satisfied  that  similar  provi- 
sions have  been  made  for  the  execution  of  such  treaty  by 
the  other  contracting  party,  and  shall  issue  his  proclama- 
tion to  that  effect,  declaring  this  section  to  be  in  force  as 
to  such  nation. 

In  all  cases  within  the  purview  of  the  preceding  section  ^-  ^•'  ^^^*'- 
the  consul-general,  consul,  or  other  consular  or  commer- 
cial authority  of  such  foreign  nation  charged  with  the 
appropriate  duty  in  the  particular  case,  may  make  appli- 
cation to  any  court  of  record  of  the  United  States,  or  to 
any  judge  thereof,  or  to  any  commissioner  of  a  district  ^^^y  ^8, 1896. 
court,  setting  forth  that  such  controversy,  difficulty,  or 
disorder  has  arisen,  briefly  stating  the  nature  thereof,  and 
when  and  where  the  same  occurred,  and  exhibiting  a  cer- 
tified copy  or  abstract  of  the  shipping-articles,  roll,  or 
other  proper  paper  of  the  vessel,  to  the  effect  that  the  per- 
son in  question  is  of  the  crew  or  ship's  company  of  such 
vessel ;  and  further  stating  and  certifying  that  such  per- 
son has  withdrawn  himself,  or  is  believed  to  be  about  to 
withdraw  himself,  from  the  control  and  discipline  of  the 
master  and  officers  of  the  vessel,  or  that  he  has  refused,  or 
is  about  to  refuse,  to  submit  to  and  obey  the  lawful  juris- 
diction of  such  consular  or  commercial  authority  in  the 
premises ;  and  further  stating  and  certifying  that,  to  the 
best  of  the  knowledge  and  belief  of  the  officer  certifying, 
such  person  is  not  a  citizen  of  the  United  States.  Such 
application  shall  be  in  writing  and  duly  authenticated  by 
the  consular  or  other  sufficient  official  seal.  Thereupon 
such  court,  judge,  or  commissioner  shall  issue  his  warrant 
for  the  arrest  of  the  person  so  complained  of,  directed  to 
the  marshal  of  the  United  States  for  the  appropriate  dis- 
trict, or  in  his  discretion  to  any  person,  being  a  citizen  of 
the  United  States,  whom  he  may  specially  depute  for  the 
purpose,  requiring  such  person  to  be  brought  before  him 
for  examination  at  a  certain  time  and  place. 

If,  on  such  examination,  it  is  made  to  appear  that  the  "  ^•' 
person  so  arrested  is  a  citizen  of  the  United  States,  he 
shall  be  forthwith  discharged  from  arrest,  and  shall  be 
left  to  the  ordinary  course  of  law.  But  if  this  is  not 
made  to  appear,  and  such  court,  judge,  or  commissioner 
finds,  upon  the  papers  hereinbefore  referred  to,  a  sufficient 
prima-facie  case  that  the  matter  concerns  only  the  inter- 
nal order  and  discipline  of  such  foreign  vessels,  or, 
whether  in  its  nature  civil  or  criminal,  does  not  affect  di- 
rectly the  execution  of  the  laws  of  the  United  States,  or 
the  rights  and  duties  of  any  citizen  of  the  United  States, 
he  shall  forthwith,  by  his  warrant,  commit  such  person 
to  prison,  where  prisoners  under  sentence  of  a  court  of  the 
United  States  may  be  lawfully  committed,  or,  in  his  dis- 


96  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

cretion,  to  the  master  or  chief  officer  of  such  foreign 
vessel,  to  be  subject  to  the  lawful  orders,  control,  and  dis- 
cipline of  such  master  or  chief  officer,  and  to  the  jurisdic- 
tion of  the  consular  or  commercial  authority  of  the  nation 
to  which  such  vessel  belongs,  to  the  exclusion  of  any 
authority  or  jurisdiction  in  the  premises  of  the  United 
States  or  any  State  thereof.  No  person  shall  be  detained 
more  than  two  months  after  his  arrest,  but  at  the  end  of 
that  time  shall  be  set  at  liberty  and  shall  not  again  be 
arrested  for  the  same  cause.  The  expenses  of  the  arrest 
and  the  detention  of  the  person  so  arrested  shall  be  paid 
by  the  consular  officer  making  the  application. 

E.  s.,  728.  q^i^Q  district  and  circuit  courts,  and  the  commissioners 

of  the  district  courts,  shall  have  power  to  carry  into  elfect, 
according  to  the  true  intent  and  meaning  thereof,  the 
award,  or  arbitration,  or  decree  of  any  consul,  vice-consul, 
or  commercial  agent  of  any  foreign  nation,  made  or 
rendered  by  virtue  of  authority  conferred  on  him  as  such 
consul,  vice-consul,  or  commercial  agent,  to  sit  as  judge  or 
arbitrator  in  such  differences  as  may  arise  between  the 
captains  and  crews  of  the  vessels  belonging  to  the  nation 
whose  interests  are  committed  to  his  charge,  application 
for  the  exercise  of  such  power  being  first  made  to  such 
court  or  commissioner  by  petition  of  such  consul,  vice- 
consul,  or  commercial  agent.  And  said  courts  and  com- 
missioners may  issue  all  proper  remedial  process,  mesne 
and  final,  to  carry  into  full  effect  such  award,  arbitration, 
or  decree,  and  to  enforce  obedience  thereto,  by  imprison- 
ment in  the  jail  or  other  place  of  confinement  in  the  dis- 
trict in  which  the  United  States  may  lawfully  imprison 
any  person  arrested  under  the  authority  of  the  United 
States,  until  such  award,  arbitration,  or  decree  is  complied 
with,  or  the  parties  are  otherwise  discharged  therefrom, 
by  the  consent  in  writing  of  such  consul,  vice-consul,  or 
commercial  agent,  or  his  successor  in  office,  or  by  the  au- 
thority of  the  foreign  government  appointing  such  consul, 
vice-consul,  or  commercial  agent:  Provided,  however, 
That  the  expenses  of  the  said  imprisonment,  and  mainte- 
nance of  the  prisoners,  and  the  cost  of  the  proceedings, 
shall  be  borne  by  such  foreign  government,  or  by  its  con- 
sul, vice-consul,  or  commercial  agent  requiring  such  im- 
prisonment. The  marshals  of  fhe  United  States  shall 
serve  all  such  process,  and  do  all  other  acts  necessary  and 
projDer  to  carry  into  effects  the  premises,  under  the  au- 
thority of  the  said  courts  and  commissioners. 
112.    Seamen's  witness  fees. 

R.  s.,  851.  There  shall  be  paid  to  each  seaman  or  other  person  who 

is  sent  to  the  United  States  from  any  foreign  port,  station, 
sea,  or  .  ocean,  by  any  United  States  minister,  charge 
d'affaires,  consul,  captain,  or  commander,  to  give  testi- 
mony in  any  criminal  case  depending  in  any  court  of  the 
United  States,  such  compensation,  exclusive  "of  subsistence 


PAKT   V. MERCHANT   SEAMEN.  97 

and  transportation,  as  such  court  may  adjudge  to  be 
proper,  not  exceeding  one  dollar  for  each  day  necessarily 
employed  in  such  voyage,  and  in  arriving  at  the  place  of 
examination  or  trial.  In  fixing  such  compensation,  the 
court  shall  take  into  consideration  the  condition  of  said 
seaman  or  witness,  and  whether  his  voyage  has  been 
broken  up,  to  his  injury,  by  his  being  sent  to  the  United 
States.  AVhen  such  seaman  or  person  is  transported  in  an 
armed  vessel  of  the  United  States  no  charge  for  subsist- 
ence or  transportation  shall  be  allowed.  Wlien  he  is 
transported  in  any  other  vessel,  the  compensation  for  his 
transportation  and  subsistence,  not  exceeding  in  any  case 
fifty  cents  a  day,  may  be  fixed  by  the  court,  and  shall  be 
paid  to  the  capain  of  said  vessel  accordingly. 

96694°— 11 7 


Part  VI.— SEAWOETHINESS,   SUPPLIES,  LOG-BOOK. 


113.  Unsea worthy  vessels. 

114.  Inspection   of   liulls    and    equip- 

ment. 

115.  Seagoing  barges. 

116.  Inspection    of    seaworthiness    at 

domestic  ports. 

117.  Inspection    of    seaworthiness    at 

foreign  ports. 


118.  Provisions  and  water. 

119.  Weiirhts  and  measures. 

120.  Medicines  and  anti-scorbutics. 

121.  Slop-chest. 

122.  Warmth  and  clothing. 

123.  Log-book. 


Dec.  21,  1898. 
Sec.  11. 


113.  Unseaworthy  vessels. 

If  any  person  knowingly  sends  or  attempts  to  send  or  is 
party  to  the  sending  or  attempting  to  send  an  American 
ship  to  sea,  in  the  foreign  or  coastwise  trade,  in  such  an 
unseaworthy  state  that  the  life  of  any  person  is  likely  to 
be  thereby  endangered,  he  shall,  in  respect  of  each  offense, 
be  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a 
fine  not  to  exceed  one  thousand  dollars  or  by  imprison- 
ment not  to  exceed  five  years,  or  both,  at  the  discretion  of 
the  court,  unless  he  proves  that  either  he  used  all  reason- 
able means  to  insure  her  being  sent  to  sea  in  a  sea- 
worthy state,  or  that  her  going  to  sea  in  an  unseaworthy 
state  was,  under  the  circumstances,  reasonable  and  justi- 
fiable, and  for  the  purposes  of  giving  that  proof  he  may 
give  evidence  in  the  same  manner  as  any  other  witness. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  1898,  sec.  26.] 

114.  Inspection  of  hulls  and  equipment. 

R.  s.,  4417.  The  local  inspectors  shall,  once  in  every  year,  at  least. 
Sec  4^'  ^^^^  carefully  inspect  the  hull  of  each  steam  vessel  within  their 
Mar.  3,  1905.  respective  districts,  and  shall  satisfy  themselves  that 
every  such  vessel  so  submitted  to  their  inspection  is  of  a 
structure  suitable  for  the  service  in  which  she  is  to  be  em- 
ployed, has  suitable  accommodations  for  passengers  and 
the  crew,  and  is  in  a  condition  to  warrant  the  belief  that 
she  may  be  used  in  navigation  as  a  steamer,  with  safety  to 
life,  and  that  all  the  requirements  of  law  in  regard  to 
fires,  boats,  pumps,  hose,  life-preservers,  floats,  anchors, 
cables,  and  other  things  are  faithfully  complied  with ;  and 
if  they  deem  it  expedient  they  may  direct  the  vessel  to  be 
put  in  motion,  and  may  adopt  any  other  suitable  means  to 
test  her  sufficiency  and  that  of  her  equipment.  The  local 
inspectors  shall,  once  in  every  year,  at  least,  carefulh^ 
inspect  the  hull  of  each  sail  vessel  of  over  seven  hundred 
tons  carrying  passengers  for  hire  and  all  other  vessels  and 
barges  of  over  one  hundred  tons  burden  carrying  passen- 
gers for  hire  within  their  respective  districts,  and  shall 

98 


PART   VI. SEAWORTHINESS,   SUPPLIES,   LOG-BOOK.  99 

satisfy  themselves  that  every  such  vessel  so  submitted  to 
their  inspection  is  of  a  structure  suitable  for  the  service 
in  which  she  is  to  be  employed,  has  suitable  accommoda- 
tions for  the  crew,  and  is  in  condition  to  warrant  the  be- 
lief that  she  may  be  used  in  navigation  with  safety  to 
life:  Provided^  That  vessels  while  laid  up  and  dismantled 
and  out  of  commission  may,  by  regulations  established  by 
the  Board  of  Supervising  Inspectors,  with  the  approval 
of  the  Secretary  of  Commerce  and  Labor,  be  exempted 
from  any  or  all  inspection  under  sections  forty-four  hun- 
dred and  seventeen,  forty-four  hundred  and  eighteen, 
forty-four  hundred  and  twenty-six,  forty-four  hundred 
and  twenty-seven.  Whenever  any  inspector  or  assistant 
inspector  shall,  in  the  performance  of  his  duty,  find  on 
board  any  vessel  subject  to  the  provisions  of  this  Title 
[R.  S.,  4399-4500]  as  part  of  the  required  equipment 
thereof,  any  equipment,  machinery,  apparatus,  or  appli- 
ances not  conforming  to  the  requirements  of  law,  he  shall 
require  the  same  to  be  placed  in  proper  condition  by  the 
owner  or  master  of  the  said  vessel,  if  possible;  and  if  said 
inspector  or  assistant  inspector  shall  find  on  board  any 
such  vessel  any  life-preservers  or  fire  hose  so  defective  as 
to  be  incapable  of  repair,  he  shall  require  that  the  same 
be  destroyed  in  his  presence  by  such  owner  or  master. 
And  in  any  of  the  foregoing  cases  local  inspectors  by 
whom  or  under  whose  supervision  said  vessel  is  then  being 
inspected  shall  have  power  to  enforce  the  foregoing  re- 
quirements by  revoking  the  certificate  of  the  said  vessel, 
and  by  refusing  to  issue  a  new  certificate  to  the  said  ves- 
sel until  the  said  requirements  shall  have  been  fully  com- 
plied with  or  until  such  action  of  the  local  inspectors 
shall  have  been  reversed,  modified,  or  set  aside  by  the 
supervising  inspector  of  the  district  on  proper  appeal  by 
the  owner  or  master  of  said  vessel,  which  appsal  shall  be 
made  to  the  said  supervising  inspector  within  ten  days 
after  the  final  action  as  aforesaid  by  the  local  inspectors; 
and  upon  such  appeal,  du|y  made,  the  supervising  in- 
spector shall  have  power  to  affirm,  modify,  or  set  aside 
such  action  by  the  local  inspectors. 
115.   Seagoing  barges. 

The  local  inspectors  of  steamboats  shall  at  least  once  in  May  28, 1908. 
every  year  inspect  the  hull  and  equipment  of  every  sea- 
going barge  of  one  hundred  gross  tons  or  over,  and  shall 
satisfy  themselves  that  such  barge  is  of  a  structure  suit- 
able for  the  service  in  Avhich  she  is  to  be  employed,  has 
suitable  accommodations  for  the  crew,  and  is  in  a  condi- 
tion to  warrant  the  belief  that  she  may  be  used  in  navi- 
gation with  safety  to  life.  They  shall  then  issue  a  cer- 
tificate of  inspection  in  the  manner,  and  for  the  purposes 
prescribed  in  sections  fortv-four  hundred  and  twenty-one 
and  forty-four  hundred  and  twenty-three  of  the  Revised 
Statutes. 


100  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

Sec.  11.  Every  such  barge  shall  be  equipped  with  the  following 

appliances  of  kinds  approved  by  the  Board  of  Supervising 
Inspectors :  At  least  one  lifeboat^  at  least  one  anchor  with 
suitable  chain  or  cable,  and  at  least  one  life-preserver  for 
each  person  on  board. 

Sec.  12.  X  register,  enrollment,  or  license  shall  not  be  issued  or 

renewed  by  any  collector  or  other  officer  of  customs  to 
an}^  such  barge  unless  at  the  time  of  issue  or  renewal  such 
barge  has  in  force  the  certificates  of  inspection  prescribed 
by  section  ten  and  on  board  the  equipment  prescribed  by 
section  eleven. 

Sec.  13.  If  any  such  barge  shall  be  navigated  without  such  cer- 

tificate of  inspection,  or  without  any  part  of  the  equip- 
ment j^rescribed  by  section  eleven,  the  owner  shall  be 
liable  to  a  penalty  of  five  hundred  dollars  for  each  oifense. 

Sec.  14.  The  Commissioner  of  Light-Houses,  the  Supervising 

g""®^-^'^' ^^■^^- Inspector-General  of  the  Steamboat-Inspection  Service, 
and  the  Commissioner  of  Navigation  shall  convene 
as  a  board  at  such  times  as  the  Secretary  of  Com- 
merce and  Labor  shall  prescribe  to  prepare  regulations 
limiting  the  length  of  hawsers  betw^een  towing  vessels  and 
seagoing  barges  in  tow  and  the  length  of  such  tows  within 
any  of  tlie  inland  waters  of  the  United  States  designated 
and  defined  from  time  to  time  pursuant  to  section  two  of 
the  Act  approved  February  nineteenth,  eighteen  hundred 
and  ninety-five,  and  such  regulations  wdien  approved  by 
the  Secretary  of  Commerce  and  Labor  shall  have  the 
force  of  law. 

^^I  ??'  ^^^^'  -^^^^  master  of  the  towing  vessel  shall  be  liable  to  the 
suspension  or  revocation  of  his  license  for  any  willful  vio- 
lation of  regTilations  issued  pursuant  to  section  fourteen 
in  the  manner  now  prescribed  for  incompetency,  mis- 
conduct, or  unskillful  ness. 
116.   Inspection  of  seaworthiness  at  domestic  ports. 

5-S-„4^556.  _  If  the  first  and  second  officers  under  the  master  or  a 
majority  of  the  crew  of  any  vessel  bound  on  any  vojagQ 
shall,  before  the  vessel  shall  have  left  the  harbor,  discover 
that  the  vessel  is  too  leaky  or  is  otherwise  unfit  in  her 
crew,  bod}^,  tackle,  apparel,  furniture,  provisions,  or  stores 
to  proceed  on  the  intended  voyage,  and  shall  require  such 
unfitness  to  be  inquired  into,  the  master  shall,  upon  the 
request  of  the  first  and  second  officers  under  the  master  or 
such  majority  of  the  crew,  forthwith  apply  to  the  judge  of 
the  district  court  of  that  judicial  district,  if  he  shall  there 
reside,  or  if  not,  to  some  justice  of  the  peace  of  the  city, 
town,  or  place  for  the  appointment  of  surveyors,  as  in  sec- 
tion forty -five  hundred  and  fifty-seven  provided,  taking 
with  him  two  or  more  of  the  crew  who  shall  have  made 


Sec.  15. 


Dec.  21,  1898 
Sec.  7. 


Dec.  21,  1898, 
Sec.  8. 


PART   VI. SEAWORTHINESS,   SUPPllES,!00G-?QO >£;>':  ;  .  Jplr 

such  request;  and  any  master  refusing  or  neglecting  to 
comply  with  these  provisions  shall  be  liable  to  a  penalty 
of  five  hundred  dollars.  [This  section  shall  not  apply  to 
fishing  or  whaling  vessels  or  yachts — Dec.  21,  1898. 
sec.  26.] 

The  judge,  or  justice,  in  a  domestic  port,  shall,  upon  J-^  ^"i/^^^J^ 
such  application  of  the  master  or  commander,  issue  his 
precept,  directed  to  three  persons  in  the  neighborhood,  the 
most  experienced  and  skillful  in  maritime  affairs  that  can 
be  procured;  and  whenever  such  complaint  is  about  the 
provisions  one  of  such  surveyors  shall  be  a  physician  or  a 
surgeon  of  the  Public  Health  and  Marine  Hospital  J^^y  i»  1902. 
Service,  if  such  service  is  established  at  the  place  where 
the  complaint  is  made.  It  shall  be  the  duty  of  such  sur- 
veyors to  repair  on  board  such  vessel  and  to  examine  the 
same  in  respect  to  the  defects  and  insufficiencies  com- 
plained of,  and  make  reports  to  the  judge,  or  justice,  as 
the  case  may  be,  in  writing,  under  their  hands  or  the 
hands  of  two  of  them,  whether  in  any  or  in  what  respect 
the  vessel  is  unfit  to  proceed  on  the  intended  voyage,  and 
what  addition  of  men,  provisions,  or  stores,  or  wiiat 
repairs  or  alterations  in  the  body,  tackle,  or  apparel  will 
be  necessary;  and  upon  such  report  the  judge  or  justice 
shall  adjudge  and  shall  indorse  on  his  report  his  judg- 
ment whether  the  vessel  is  fit  to  proceed  on  the  intended 
vovage,  and,  if  not,  whether  such  repairs  can  be  made  or 
deficiencies  supiDlied  where  the  vessel  then  lies,  or  whether 
it  is  necessary  for  her  to  proceed  to  the  nearest  or  most 
convenient  place  where  such  supplies  can  be  made  or 
deficiencies  supplied;  and  the  master  and  the  crew  shall, 
in  all  things,  conform  to  the  judgment.  The  master  or 
commander  shall,  in  the  first  instance,  pay  all  the  costs  of 
such  review,  report,  or  judgment,  to  be  taxed  and  allowed 
on  a  fair  copy  thereof,  certified  by  the  judge  or  justice. 
But  if  the  complaint  of  the  crew  shall  appear  upon  the 
report  and  judgment  to  have  been  without  foundation,  the 
master  or  commander,  or  the  owner  or  consignee  of  such 
vessel,  shall  deduct  the  amount  thereof,  and  of  reasonable 
damages  for  the  detention,  to  be  ascertained  by  the  judge 
or  justice,  out  of  the  wages  of  the  complaining  seamen. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  1898,  sec.  26.] 

If,  after  judgment  that  such  vessel  is  fit  to  proceed  on  R-  s.,  ^^ss. 
her  intended  voyage,  or  after  procuring  such  men,  pro-  ^^^-  ^^'  ^ 
visions,  stores,  repairs,  or  alterations  as  may  be  directed, 
the  seamen,  or  either  of  them,  shall  refuse  to  proceed  on 
the  voyage,  he  shall  forfeit  any  wages  that  may  be  due 
him.  [This  section  shall  not  apply  to  fishing  or  whaling 
vessels  or  yachts — Dec.  21,  1898,  sec.  26.] 


,iOi2*/J ''rj{  *♦  KA,via.\5riQjsr,' LAWS  or  the  united  states. 

117.   Inspection  of  seaworthiness  at  foreign  ports. 
R.  s.,  4559.^         Upon  a  complaint  in  writing,  signed  by  the  first  or  sec- 
Sec.'  10.'  '^^''^^'  ^^^  oflicer  and  a  majority  of  the  crew  of  any  vessel  while 
in  a  foreign  port,  that  such  vessel  is  in  an  unsuitable  con- 
dition to  go  to  sea  because  she  is  leaky  or  insufficiently 
sui3plied  with  sails,  rigging,  anchors,  or  any  other  equip- 
ment, or  that  the  crew  is  insufficient  to  man  her,  or  that 
her  provisions,  stores,  and  supplies  are  not,  or  have  not 
been  during  the  voyage,  sufficient  and  wholesome;  there- 
upon, in  any  of  these  or  like  cases,  the  consul,  or  a  com- 
mercial agent  who  may  discharge  any  duties  of  a  consul, 
shall  cause  to  be  appointed  three  persons,  of  like  qualifi- 
cations with  those  described  in  section  forty-five  hundred 
and  fifty-seven,  who  shall  proceed  to  examine  into  the 
causes  of  complaint,  and  they  shall  be  governed  in  all 
their  proceedings   and  proceed  as  provided  in   section 
forty-five  hundred  and  fifty-seven.     [This  section  shall 
not  apply  to  fishing  or  whaling  vessels  or  yachts — Dec. 
21,  1898,  sec.  26.] 
R.  s.,  4560.         xhe  inspectors  appointed  by  any  consul  or  commercial 
agent,  in  pursuance  of  the  preceding  section,  shall  have 
full  power  to  examine  the  vessel  and  whatever  is  aboard 
of  her,  so  far  as  is  pertinent  to  their  inquiry,  and  also  to 
hear  and  receive  any  other  proofs  which  the  ends  of  jus- 
tice may  require;  and  if,  upon  a  view  of  the  whole  pro- 
ceedings, the  consul  or  other  commercial  agent  is  satisfied 
therewith,  he  may  approve  the  whole  or  any  part  of  the 
report,  and  shall  certify  such  approval ;  or  if  he  dissents, 
he  shall  certify  his  reasons  for  dissenting. 
R.  s.,  4561.         The  inspectors  in  their  report  shall  also  state  whether 
sec^4  ^'  "^^^^  ^^  their  opinion  the  vessel  was  sent  to  sea  unsuitably  pro- 
Dec.  21,  1898.  vided  in  any  important  or  essential  particular,  by  neglect 
Sec.  11.'  or  design,  or  through  mistake  or  accident;  and  in  case  it 

was  by  neglect  or  design,  and  the  consular  officer  approves 
of  such  finding,  he  shall  discharge  such  of  the  crew  as 
request  it,  and  shall  require  the  payment  by  the  master  of 
one  month's  wages  for  each  seaman  over  and  above  the 
wages  then  due,  or  sufficient  money  for  the  return  of  such 
of  the  crew  as  desire  to  be  discharged  to  the  nearest  and 
most  convenient  port  of  the  United  States,  or  by  furnish- 
ing the  seamen  who  so  desire  to  be  discharged  with  em- 
ployment on  a  ship  agreed  to  by  them.  But  if  in  the 
opinion  of  the  inspectors  the  defects  or  deficiencies  found 
to  exist  have  been  the  result  of  mistake  or  accident,  and 
could  not,  in  the  exercise  of  ordinary  care,  have  been 
known  and  provided  against  before  the  sailing  of  the 
vessel,  and  the  master  shall  in  a  reasonable  time  remove 
or  remedy  the  causes  of  complaint,  then  the  crew  shall 
remain  and  discharge  their  duty.  [This  section  shall  not 
apply  to  fishing  or  whaling  vessels  or  yachts — Dec.  21, 
1898,  sec.  26.] 
B.  s.,  4562.  xi-^g  master  shall  pay  all  such  reasonable  charges  for 
inspection  under  such  complaint  as  shall  be  officially  cer- 


PART   VI. SEAWORTHINESS,    SUPPLIES,   LOG-BOOK.  103 

tified  to  him  under  the  hand  of  the  consul  or  commercial 
agent;  but  in  case  the  inspectors  report  that  the  com- 
phiint  is  without  any  good  and  sufficient  cause,  the  master 
may  retain  from  the  wages  of  the  complainants,  in  pro- 
portion to  the  pay  of  each,  the  amount  of  such  charges, 
with  such  reasonable  damages  for  detention  on  that  ac- 
count as  the  consul  or  commercial  agent  directing  the  in- 
quiry may  officially  certify. 

Every  master  who  refuses  to  pay  such  wages  and  R-  s.,  4563. 
charges  shall  be  liable  to  each  person  injured  thereby,  in 
damages,  to  be  recovered  in  any  court  of  the  United  States 
in  the  district  where  such  delinquent  may  reside  or  be 
found,  and  in  addition  thereto  be  punishable  by  a  fine 
of  one  hundred  dollars  for  each  offense. 
118.   Provisions  and.  water. 

Should  any  master  or  owner  of  any  merchant  vessel  R-  s.,  4564, 
of  the  United  States  neglect  to  provide  a  sufficient  quan-  ^^^-  ^^'  ^^^^• 
tity  of  stores  to  last  for  a  voyage  of  ordinary  duration  to 
the  port  of  destination,  and  in  consequence  of  such  neglect 
the  crew  are  compelled  to  accept  a  reduced  scale,  such 
master  or  owner  shall  be  liable  to  a  penalty  as  provided 
in  section  forty  -  five  hundred  and  sixty  -  eight  of  the 
Kevised  Statutes. 

Any  three  or  more  of  the  crew  of  any  merchant- vessel  R-  s.,  4565. 
of  the  United  States  bound  from  a  port  in  the  United 
States  to  any  foreign  port,  or  being  of  the  burden  of 
seventy-five  tons  or  upward,  and  bound  from  a  port  on 
the  Atlantic  to  a  port  on  the  Pacific,  or  vice  versa,  may 
complain  to  any  officer  in  command  of  any  of  the  vessels 
of  the  United  States  Navy,  or  consular  officer  of  the 
United  States,  or  shipping-commissioner  or  chief  officer 
of  the  customs,  that  the  provisions  or  water  for  the  use 
of  the  crew  are,  at  any  time,  of  bad  quality,  unfit  for  use, 
or  deficient  in  quantity.  Such  officer  shall  thereupon  ex- 
amine the  provisions  or  water,  or  cause  them  to  be  exam- 
ined; and  if,  on  examination,  such  provisions  or  water 
are  found  to  be  of  bad  quality  and  unfit  for  use,  or  to  be 
deficient  in  quantity,  the  person  making  such  examination 
shall  certify  the  same  in  writing  to  the  master  of  the 
ship.  If  such  master  does  not  thereupon  provide  other 
proper  provisions  or  water,  where  the  same  can  be  had, 
in  lieu  of  any  so  certified  to  be  of  a  bad  quality  and  unfit 
for  use,  or  does  not  procure  the  requisite  quantity  of  any 
so  certified  to  be  insufficient  in  ciuantity,  or  uses  an}^  pro- 
visions or  water  which  have  been  so  certified  as  aforesaid 
to  be  of  bad  quality  and  unfit  for  use,  he  shall,  in  every 
such  case,  be  liable  to  a  penalty  of  not  more  than  one 
hundred  dollars;  and  upon  every  such  examination  the 
officers  making  or  directing  the  same  shall  enter  a  state- 
mient  of  the  result  of  the  examination  in  the  log-book,  and 
shall  send  a  report  thereof  to  the  district  judge  for  the 
judicial  district  embracing  the  port  to  which  such  vessel 


104 


NAVIGATIOISr   LAWS  OP  THE  UNITED  STATES. 


R.  S.,  4566. 
Dec.  21,  1898. 
Pec.  13. 


B.  S.,  4567. 


R.  S.,  4568. 


is  bound;  and  such  report  shall  be  received  in  evidence 
in  any  legal  proceedings. 

If  the  officer  to  whom  any  such  complaint  in  regard  to 
the  provisions  or  the  water  is  made  certifies  in  such  state- 
ment that  there  was  no  reasonable  ground  for  such  com- 
plaint, each  of  the  parties  so  complaining  shall  forfeit  to 
the  master  or  owner  his  share  of  the  expense,  if  anj^,  of 
the  survey.  [This  section  shall  not  apply  to  fishing  or 
whaling  vessels  or  yachts — Dec.  21,  1898,  sec.  26.] 

If  any  seamen,  while  on  board  any  vessel,  shall  state  to 
the  master  that  they  desire  to  make  complaint,  in  accord- 
ance with  the  two  preceding  sections,  in  regard  to  the  pro- 
visions or  the  water,  to  a  competent  officer,  against  the 
master,  the  master  shall,  if  the  vessel  is  then  at  a  place 
where  there  is  any  such  officer,  so  soon  as  the  service  of 
the  vessel  will  permit,  and  if  the  vessel  is  not  then  at  such 
a  place,  so  soon  after  her  first  arrival  at  such  place  as  the 
service  of  the  vessel  will  permit,  allow  such  seamen,  or 
any  of  them,  to  go  ashore,  or  shall  send  them  ashore,  in 
proper  custody,  so  that  they  may  be  enabled  to  make  such 
complaint ;  and  shall,  in  default,  be  liable  to  a  penalty  of 
not  more  than  one  hundred  dollars. 

If,  during  a  voyage,  the  allowance  of  any  of  the  pro\T.- 
Dec.  21,  1898.  sions  whicli  any  seaman  is  entitled  to  under  section  forty- 
Sec.  14.  g^^  hundred  and  twelve  of  the  Kevised  Statutes  is  reduced 

except  for  any  time  during  which  such  seaman  willfully 
and  without  sufficient  cause  refuses  or  neglects  to  perform 
his  duty,  or  is  lawfully  under  confinement  for  misconduct 
either  on  board  or  on  shore;  or  if  it  shall  be  shown  that 
an}^  of  such  provisions  are,  or  Iiave  been  during  the  voy- 
age, bad  in  quality  or  unfit  for  use,  the  seaman  shall 
receive,  by  way  of  compensation  for  such  reduction  or 
bad  quality,  according  to  the  time  of  its  continuance,  the 
following  sums,  to  be  paid  to  him  in  addition  to  and  to 
be  recoverable  as  wages : 

First.  If  his  allowance  is  reduced  by  any  quantity  not 
exceeding  one-third  of  the  quantity  specified  by  law,  a 
sum  not  exceeding  fifty  cents  a  day. 

Second.  If  his  allowance  is  reduced  b}^  more  than  one- 
third  of  such  quantity,  a  sum  not  exceeding  one  dollar  a 
day. 

Third.  In  respect  to  bad  quality,  a  sum  not  exceeding 
one  dollar  a  day. 

But  if  it  is  shown  to  the  satisfaction  of  the  court  before 
which  the  case  is  tried  that  any  provisions,  the  allowance 
of  which  has  been  reduced,  could  not  be  procured  or  sup- 
plied in  sufficient  quantities,  or  were  unavoidably  injured 
or  lost,  or  if  by  reason  of  its  innate  qualities  any  article 
becomes  unfit  for  use  and  that  proper  and  equivalent  sub- 
stitutes were  supplied  in  lieu  thereof,  the  court  shall  take 
such  circumstances  into  consideration  and  shall  modify  or 
refuse  compensation,  as  the  justice  of  th«  case  may  re- 
quire. [This  section  shall  not  apply  to  fishing  or  whaling 
vessels  or  yachts — Dec.  21,  1898,  sec.  26.] 


PART  VI. SEAWORTHINESS,   SUPPLIES,   LOG-BOOK.  105 

119.  Weights  and  measures. 

Every  master  shall  keep  on  board  proper  weights  and  ^-  s-  4571. 
measures  for  the  purpose  of  determining  the  quantities  of 
the  several  provisions  and  articles  served  out,  and  shall 
allow  the  same  to  be  used  at  the  time  of  serving  out  such 
provisions  and  articles,  in  the  presence  of  a  witness,  when- 
ever any  dispute  arises  about  such  quantities,  and  in  de- 
fault shall,  for  every  offense,  be  liable  to  a  penalty  of 
not  more  than  fifty  dollars. 

120.  Medicines  and  anti-scorbutics. 

Every  vessel  belonging  to  a  citizen  of  the  United  States,  ^-  S-.  4569. 
bound  from  a  port  in  the  United  States  to  any  foreign 
port,  or  being  of  the  burden  of  seventy-five  tons  or  up- 
ward, and  bound  from  a  port  on  the  Atlantic  to  a  port  on 
the  Pacific,  or  vice  versa,  shall  be  provided  with  a  chest 
of  medicines ;  and  every  sailing-vessel  bound  on  a  voyage 
across  the  Atlantic  or  Pacific  Ocean,  or  around  Cape 
Horn,  or  the  Cape  of  Good  Hope,  or  engaged  in  the  whale 
or  other  fisheries,  or  in  sealing,  shall  also  be  provided 
with,  and  cause  to  be  kept,  a  sufficient  quantity  of  lime  or 
lemon  juice,  and  also  sugar  and  vinegar,  or  other  anti- 
scorbutics, to  be  served  out  to  every  seaman  as  follows: 
The  master  of  every  such  vessel  shall  serve  the  lime  or 
lemon  juice,  and  sugar  and  vinegar,  to  the  crew,  within 
ten  days  after  salt  provisions  mainly  have  been  served 
out  to  the  crew,  and  so  long  afterward  as  such  consump- 
tion of  salt  provisions  continues;  the  lime  or  lemon  juice 
and  sugar  daily  at  the  rate  of  half  an  ounce  each  per  day ; 
and  the  vinegar  weekly,  at  the  rate  of  half  a  pint  per 
week  for  each  member  of  the  crew. 

If,  on  any  such  vessel,  such  medicines,  medical  stores,  R.  s.,  4570. 
lime' or  lemon  juice  or  other  articles,  sugar,  and  vinegar, 
as  are  required  by  the  preceding  section,  are  not  provided 
and  kept  on  board,  as  required,  the  master  or  owner  shall 
be  liable  to  a  penalty  of  not  more  than  five  hundred  dol- 
lars; and  if  the  master  of  any  such  vessel  neglects  to  serve 
out  the  lime  or  lemon  juice,  and  sugar  and  vinegar  in  the 
case  and  manner  directed,  he  shall  for  each  such  offense 
be  liable  to  a  penalty  of  not  more  than  one  hundred  dol- 
lars; and  if  any  master  is  convicted  in  either  of  the 
offenses  mentioned  in  this  section,  and  it  appears  that  the 
offense  is  owing  to  the  act  or  default  of  the  owner,  such 
master  may  recover  the  amount  of  such  penalty,  and  the 
costs  incurred  by  him,  from  the  owner. 
121.   Slop-chest. 

Every  such  vessel  [E.  S.,  4569]  except  vessels  engaged  June  26, 1884. 
in  the  whaling  or  fishing  business  shall  also  be  provided   ^^^-     • 
with  a  slop-chest,  which  shall  contain  a  complement  of 
clothing  for  the  intended  voyage  for  each  seaman  em-   ^^^^^  ^^  ^^^^ 
ployed,  including  boots   or  shoes,  hats  or  caps,   under   g^^  ^^' 
clothing  and  outer  clothing,  oiled  clothing,  and  every- 


106  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

thing  ne<;essary  for  the  wear  of  a  seaman ;  also  a  full  sup- 
ply of  tobacco  and  blankets.  Any  of  the  contents  of  the 
slop-chest  shall  be  sold,  from  tmie  to  time,  to  any  or 
every  seaman  applying  therefor,  for  his  own  use,  at  a 
profit  not  exceeding  ten  per  centum  of  the  reasonable 
■  w^holesale  value  of  the  same  at  the  port  at  which  the 
vo^yage  commenced.  And  if  any  such  vessel  is  not  pro- 
vided, before  sailing,  as  herein  required,  the  owner  shall 
be  liable  to  a  penalty  of  not  more  than  five  hundred  dol- 
lars. The  provisions  of  this  section  shall  not  apply  to 
vessels  plying  betw^een  the  United  States  and  the  Domin- 
ion of  Canada,  Newfoundland,  the  Bermuda  Islands,  the 
Bahama  Islands,  the  West  Indies,  Mexico  and  Central 
America. 

122.  Warmth  and  clothing. 

R.  s.,  4572.  Every  vessel  bound  on  any  foreign  voyage  exceeding  in 
Dec.  21,  1S9S.  length  fourteen  days  shall  also  be  provided  with  at  least 
Sec.  15.  ^^^  g^^j^^  ^^  woolen  clothing  for  each  seaman,  and  every 

vessel  in  the  foreign  or  domestic  trade  shall  provide  a  safe 
and  warm  room  for  the  use  of  seamen  in  cold  weather. 
Failure  to  make  such  provision  shall  subject  the  owner  or 
master  to  a  penalty  of  not  less  than  one  hundred  dollars. 
[This  section  shall  not  apply  to  fishing  or  whaling  vessels 
or  yachts— Dec.  21,  1898,  sec.  2G.] 

123.  Log'-book. 

R.  s.,  4290.  Every  vessel  making  voyages  from  a  port  in  the 
United  States  to  any  foreign  port,  or  being  of  the  burden 
of  seventy-five  tons,  or  upAvard,  from  a  port  on  the  At- 
lantic to  a  port  on  the  Pacific,  or  vice  versa,  shall  have  an 
official  log-book;  and  every  master  of  such  vessel  shall 
make,  or  cause  to  be  made  therein,  entries  of  the  following 
matters,  that  is  to  say: 

First.  Every  legal  conviction  of  any  member  of  his 
crew,  and  the  punishment  inflicted. 

Second.  Every  offense  committed  by  any  member  of  his 
crew  for  which  it  is  intended  to  prosecute,  or  to  enforce  a 
forfeiture,  together  with  such  statement  concerning  the 
reading  over  such  entry,  and  concerning  the  reply,  if  an}^, 
made  to  the  charge,  as  is  required  by  the  provisions  of 
section  forty-five  hundred  and  ninety-seven. 

Third.  Every  offense  for  which  punishment  is  inflicted 
on  board,  and  the  punishment  inflicted. 

Fourth.  A  statement  of  the  conduct,  character,  and 
qualifications  of  each  of  his  crew ;  or  a  statement  that  he 
declines  to  give  an  opinion  of  such  particulars. 

Fifth.  Every  case  of  illness  or  injury  happening  to  any 
member  of  the  crew,  with  the  nature  thereof,  and  the 
medical  treatment. 

Sixth.  Ever}^  case  of  death  happening  on  board,  with 
the  cause  thereof. 


PART   VI. SEAWORTHINESS,    SUPPLIES,   LOG-BOOK.  107 

Seventh.  Eveiy  birth  happening  on  board,  with  the 
sex  of  the  infantj^  and  the  names  of  the  parents. 

Eighth.  Every  marriage  taking  place  on  board,  Nvith 
the  names  and  ages  of  the  parties. 

Ninth.  The  name  of  every  seaman  or  apprentice  who 
cea.ses  to  be  a  member  of  the  crew  otherwise  than  by 
death,  with  the  place,  time,  manner,  and  cause  thereof. 

Tenth.  The  wages  due  to  any  seaman  or  apprentice  who 
dies  during  the  voyage,  and  the  gross  amount  of  all  de- 
ductions to  be  made  therefrom. 

Eleventh.  The  sale  of  the  effects  of  any  seaman  or  ap- 
prentice wdio  dies  during  the  voyage,  including  a  state- 
ment of  each  article  sold,  and  the  sum  received  for  it. 

Twelfth.  In  every  case  of  collision  in  which  it  is  prac-  Feb.  u,  1900. 
ticable  so  to  do,  the  master  shall,  immediately  after  the 
occurrence,  cause  a  statement  thereof,  and  of  the  circum- 
stances under  which  the  same  occurred,  to  be  entered  in 
the  official  log  book.  Such  entry  shall  be  made  in  the 
manner  prescribed  in  section  forty-two  hundred  and 
ninety-one,  and  failure  to  make  such  entry  shall  subject 
the  offender  to  the  penalties  prescribed  by  section  forty- 
two  hundred  and  ninety-two. 

Every  entry  hereby  required  to  be  made  in  the  official  R.  s..  4291. 
log-book  shall  be  signed  by  the  master  and  by  the  mate,  or 
some  other  one  of  the  crew,  and  every  entry  in  the  official 
log-book  shall  be  made  as  soon  as  possible  after  the  occur- 
rence to  w^hich  it  relates,  and,  if  not  made  on  the  same  day 
as  the  occurrence  to  w^hich  it  relates,  shall  be  made  and 
dated  so  as  to  show  the  date  of  the  occurrence,  and  of  the 
entry  respecting  it ;  and  in  no  case  shall  any  entry  therein, 
in  respect  of  any  occurrence  happening  previously  to  the 
arrival  of  the  vessel  at  her  final  port  be  made  more  than 
twenty-four  hours  after  such  arrival. 

If  in  any  case  the  official  log-book  is  not  kept  in  the  R-  s.,  4292. 
manner  hei^eby  required,  or  if  any  entry  hereby  directed 
to  be  made  in  any  such  log-book  is  not  made  at  the  time 
and  in  the  manner  hereby  directed,  the  master  shall,  for 
each  such  offense,  be  liable  to  a  penalty  of  not  more  than 
twenty-five  dollars ;  and  every  person  who  makes,  or  pro- 
cures to  be  made,  or  assists  in  making,  any  entry  in  any 
official  log-book  in  respect  of  any  occurrence  happening 
previously  to  the  arrival  of  the  vessel  at  her  final  port 
of  discharge,  more  than  twenty-four  hours  after  such  ar- 
rival, shair,  for  each  offense,  be  liable  to  a  penalty  of  not 
more  than  one  hundred  and  fifty  dollars. 


Part  VII.— LIABILITY  OF  OWNERS,  MASTERS,  AND 

SHIPPERS. 


124.     Liabilty     of    owners,     masters,  I  125.     Act  of  Feb.  18,  1893. 
and  shippers.  |  126.     General  libel  bond. 

124.   Liability  of  owners,  masters,  and  shippers. 

R.  s.,  4281.  If  any  shipper  of  platina,  gold,  gold  dust,  silver,  bul- 
lion, or  other  precious  metals,  coins,  jewelry,  bills  of  any 
bank  or  public  body,  diamonds,  or  other  precious  stones, 
or  any  gold  or  silver  in  a  manufactured  or  unmanufac- 
tured state,  watches,  clocks,  or  time  pieces  of  any  descrip- 
tion, trinkets,  orders,  notes,  or  securities  for  payment  of 
money,  stamps,  maps,  writings,  title-deeds,  printings, 
engravings,  pictures,  gold  or  silver  plate  or  plated  articles, 
glass,  china,  silks  in  a  manufactured  or  unmanufactured 
state,  and  whether  wrought  up  or  not  w^rought  up  with 
any  other  material,  furs,  or  lace,  or  any  of  them,  contained 
in  any  parcel,  or  package,  or  trunk,  shall  lade  the  same  as 
freight  or  baggage,  on  any  vessel,  without  at  the  time  of 
such  lading  giving  to  the  master,  clerk,  agent,  or  owner 
of  such  vessel  receiving  the  same  a  written  notice  of  the 
true  character  and  value  thereof,  and  having  the  same 
entered  on  the  bill  of  lading  therefor,  the  master  and 
owner  of  such  vessel  shall  not  be  liable  as  carriers  thereof 
in  any  form  or  manner;  nor  shall  any  such  master  or 
owner  be  liable  for  any  such  goods  beyond  the  value  and 
according  to  the  character  thereof  so  notified  and  entered. 

R.  s.,  4282.  Xo  owner  of  any  vessel  shall  be  liable  to  answer  for  or 
make  good  to  any  person  any  loss  or  damage  which  may 
happen  to  any  merchandise  whatsoever,  which  shall  be 
shipped,  taken  in,  or  put  on  board  any  such  vessel,  by 
reason  or  by  means  of  any  fire  happening  to  or  on  board 
the  vessel,  unless  such  fire  is  caused  by  the  design  or 
neglect  of  such  owner. 

R.  s.,  4283.  Xhe  liability  of  the  owner  of  any  vessel,  for  any  embez- 
zlement, loss,  or  destruction,  by  any  person,  of  any  prop- 
erty, goods,  or  merchandise,  shipped  or  put  on  board  of 
such  vessel,  or  for  any  loss,  damage,  or  injur}^  by  col- 
lision, or  for  any  act,  matter,  or  thing,  lost,  damage,  or 
forfeiture,  done,  occasioned,  or  incurred,  without  the 
privity  or  knowledge  of  such  owner  or  owners,  shall  in 
no  case  exceed  the  amount  or  value  of  the  interest  of  such 
owner  in  such  vessel,  and  her  freight  then  pending. 
108 


PART  VII. LIABILITY   OF    OWNERS,    MASTERS,    AND   SHIPPERS.       109 


B.  S.,  4286. 


Whenever  any  such  embezzlement,  loss,  or  destruction  ^-  S-'  4284. 
is  suffered  by  several  freighters  or  owners  of  goods,  wares, 
merchandise,  or  any  property  whatever,  on  the  same  voy- 
age, and  the  whole  value  of  the  vessel,  and  her  freight  for 
the  voyage,  is  not  sufficient  to  make  compensation  to  each 
of  them,  they,  shall  receive  compensation  from  the  owner 
of  the  vessel,  in  proportion  to  their  respective  losses;  and 
for  that  purpose  the  freighters  and  owners  of  the  prop- 
erty, and  the  ow^ner  of  the  vessel,  or  any  of  them,  ma}^ 
take  the  appropriate  proceedings  in  any  court,  for  the 
purpose  of  apportioning  the  sum  for  which  the  owner  of 
the  vessel  may  be  liable  among  the  parties  entitled  thereto. 

It  shall  be  deemed  a  sufficient  compliance  on  the  part  of  R-  s.,  4285. 
such  owner  with  the  requirements  of  this  Title  [R.  S., 
4131-4305]  relating  to  his  liability  for  any  embezzlement, 
loss,  or  destruction  of  any  property,  goods,  or  merchan- 
dise, if  he  shall  transfer  his  interest  in  such  vessel  and 
freight,  for  the  benefit  of  such  claimants,  to  a  trustee,  to 
be  appointed  by  any  court  of  competent  jurisdiction,  to 
act  as  such  trustee  for  the  person  who  may  prove  to  be 
legally  entitled  thereto ;  from  and  after  which  transfer  all 
claims  and  proceedings  against  the  owner  shall  cease. 

The  charterer  of  any  vessel,  in  case  he  shall  man,  vict- 
ual, and  navigate  such  vessel  at  his  own  expense,  or  by 
his  own  procurement,  shall  be  deemed  the  owner  of  such 
vessel  within  the  meaning  of  the  provisions  of  this  Title 
[R.  S.,  4131-4305]  relating  to  the  limitation  of  the  lia- 
bility of  the  owners  of  vessels;  and  such  vessel,  when  so 
chartered,  shall  be  liable  in  the  same  manner  as  if  navi- 
gated by  the  owner  thereof. 

Nothing  in  the  five  preceding  sections  shall  be  con- 
strued to  take  away  or  affect  the  remedy  to  which  any 
party  may  be  entitled,  against  the  master,  officers,  or  sea- 
men, for  or  on  account  of  any  embezzlement,  injury,  loss, 
or  destruction  of  merchandise,  or  property,  put  on  board 
any  vessel,  or  on  account  of  any  negligence,  fraud,  or 
other  malversation  of  such  master,  officers,  or  seamen,  re- 
spectively, nor  to  lessen  or  take  away  any  responsibility 
to  which  any  master  or  seaman  of  any  vessel  may  by  law 
be  liable,  notwithstanding  such  master  or  seaman  may  be 
an  owner  or  part  owner  of  the  vessel. 

Any  person  shipping  oil  of  vitriol,  unslacked  lime,  in-  R.  s.,  4288. 
flammable  matches,  or  gunpowder,  in  a  vessel  taking 
cargo  for  divers  persons  on  fr^^ght,  without  delivering, 
at  the  time  of  shipment,  a  note  in  writing,  expressing  the 
nature  and  character  of  such  merchandise,  to  the  master, 
mate,  officer,  or  person  in  charge  of  the  lading  of  the  ves- 
sel, shall  be  liable  to  the  United  States  in  a  penalty  of 
one  thousand  dollars. 

The  individual  liability  of  a  ship-owner,  shall  be  limited 
to  the  proportion  of  any  or  all  debts  and  liabilities  that 
his  individual  share  of  the  vessel  bears  to  the  whole ;  and 


R.  S.,  4287. 


June  19,  188G. 
Sec.  4. 

June  26,  1884. 
Sec.  18. 


110  NAVIGATION   LAWS    OF    THE    UNITED    STATES. 


Sec.  1. 


the  aggregate  liabilities  of  all  the  o^Yners  of  a  vessel  on 
account  of  the  same  shall  not  exceed  the  value  of  such 
vessel  and  freight  pending:  Pro>?;«cZ^<:/,  That  this  provision 
shall  not  affect  the  liability  of  any  owner  incurred  pre- 
vious to  the  passage  of  this  act,  nor  prevent  any  claimant 
from  joining  all  fhe  owners  in  one  action;  nor  shall  the 
same  apply  to  wages  due  to  persons  employed  by  said 
ship-owners. 

R.  s.,  4289.         'Yi^Q  provisions  of  the  seven  preceding  sections,  and  of 

slT4  ^'  ^^'^^  section  eighteen  of  an  act  entitled  **An  act  to  remove  cer- 
tain burdens  on  the  American  merchant  marine  and  en- 
courage the  American  foreign  carrying-trade,  and  for 
other  purposes,''  approved  June  twenty-sixth,  eighteen 
hundred  and  eighty-four,  relating  to  the  limitations  of 
the  liability  of  the  owners  of  vessels,  shall  apply  to  all 
sea-going  vessels,  and  also  to  all  vessels  used  on  lakes  or 
rivers  or  in  inland  navigation,  including  canal-boats, 
barges,  and  lighters. 
125.   Act  of  February  13,  1893  (Harter  Act). 

Feb.  13,  1893.  It  shall  not  be  lawful  for  the  manager,  agent,  master 
or  owner  of  any  vessel  transporting  merchandise  or  prop- 
ert}^  from  or  between  ports  of  the  United  States  and  for- 
eign ports  to  insert  in  any  bill  of  lading  or  shipping  docu- 
ment any  clause,  covenant,  or  agreement  whereby  it,  he, 
or  they  shall  be  relieved  from  liability  for  loss  or  damage 
arising  from  negligence,  fault,  or  failure  in  proper  load- 
ing, stowage,  custody,  care,  or  proper  delivery  of  any  and 
all  lawful  merchandise  or  property  committed  to  its  or 
their  charge.  Any  and  all  words  or  clauses  of  such  im- 
port inserted  in  bills  of  lading  or  shipping  receipts  shall 
be  null  and  void  and  of  no  effect. 

Sec.  2.  It  shall  not  be  lawful  for  any  vessel  transporting  mer- 

chandise or  property  from  or  between  ports  of  the  United 
States  of  America  and  foreign  ports,  her  owner,  master, 
agent  or  manager  to  insert  in  any  bill  of  lading  or  ship- 
ping document  any  covenant  or  agreement  whereby  the 
obligations  of  the  owner  or  owners  of  said  vessel  to  exer- 
cise due  diligence,  properly  equip,  man,  provision,  and 
outfit  said  vessel,  and  to  make  said  vessel  seaworthy  and 
capable  of  performing  her  intended  voyage,  or  whereby 
the  obligations  of  the  master,  officers,  agents,  or  servants 
to  carefully  handle  and  stow  her  cargo  and  to  care  for 
and  properly  deliver  same,  shall  in  any  wise  be  lessened, 
weakened,  or  avoided. 

Sec.  3.  If  the  owner  of  any  vessel  transporting  merchandise  or 

property  to  or  from  any  port  in  the  United  States  of 
America^  shall  exercise  due  diligence  to  make  the  said 
vessel  in  all  respects  seaworthy  and  properly  manned, 
equipped,  and  supplied,  neither  the  vessel,  or  owners, 
agent,  or  charterers  shall  become  or  be  held  responsible 
for  damage  or  loss  resulting  from  faults  or  errors  in  navi- 
gation or  in  the  management  of  said  vessel,  nor  shall  the 


PART    VII. LIABILITY    OF    OVv^NERS^    MASTERS^    AND    SHIPPERS.       Ill 

vessel,  her  owner  or  owners,  charterers,  agent,  or  master, 
be  hekl  liable  for  losses  arising  from  dangers  of  the  sea  or 
other  navigable  waters,  acts  of  God,  or  public  enemies,  or 
the  inherent  defect,  quality,  or  vice  of  the  thing  carried, 
or  from  insufficiency  of  package,  or  seizure  under  legal 
process,  or  for  loss  resulting  from  any  act  or  omission  of 
the  shipper  or  owner  of  the  goods,  his  agent  or  represen- 
tative, or  from  saving  or  attempting  to  save  life  or 
property  at  sea,  or  from  any  deviation  in  rendering  such 
service. 

It  shall  be  the  duty  of  the  owner  or  owners,  masters,  or  see.  4, 
agent  of  any  vessel  transporting  merchandise  or  property 
from  or  between  ports  of  the  United  States  and  foreign 
ports  to  issue  to  shippers  of  an}^  lawful  merchandise  a  bill 
of  lading,  or  shipping  document,  stating,  among  other 
things,  the  marks  necessary  for  identification,  number  of 
packages,  or  quantity,  stating  whether  it  be  carrier's  or 
shipper's  weight,  and  apparent  order  or  condition  of  such 
laerchandise  or  property  delivered  to  and  received  by  the 
owner,  master,  or  agent  of  the  vessel  for  transportation, 
and  such  document  shall  be  prima  facie  evidence  of  the 
receipt  of  the  merchandise  therein  described. 

For  a  violation  of  any  of  the  provisions  of  this  act  the  see.  5. 
agent,  owner,  or  master  of  the  vessel  guilty  of  such  viola- 
tion, and  who  refuses  to  issue  on  demand  the  bill  of  lading 
herein  provided  for,  shall  be  liable  to  a  fine  not  exceeding 
two  thousand  dollars.  The  amount  of  the  fine  and  costs 
for  such  violation  shall  be  a  lien  upon  the  vessel,  whose 
agent,  owner,  or  master  is  guilty  of  such  violation,  and 
such  vessel  may  be  libeled  therefor  in  any  district  court  of 
the  United  States,  within  whose  jurisdiction  the  vessel 
may  be  found.  ,  One-half  of  such  penalty  shall  go  to  the 
party  injured  by  such  violation  and  the  remainder  to  the 
Government  of  the  United  States. 

This  act  shall  not  be  held  to  modify  or  repeal  sections  see.  6. 
forty-two  hundred  and  eighty-one,  forty-two  hundred 
and  eighty-two,  and  forty-two  hundred  and  eighty-three 
of  the  Revised  Statutes  of  the  United  States,  or  any 
other  statute  defining  the  liability  of  vessels,  their  own- 
ers, or  representatives. 

Sections  one  and  four  of  this  act  shall  not  apply  to  the    see.  7. 
transportation  of  live  animals. 
126.    General  libel  bond. 

When  a  warrant  of  arrest  or  other  process  in  rem  is  R-  s.,  94i. 
issued  in  any  cause  of  admiralty  jurisdiction,  except  in  ^^^''-  ^'  ^^^^• 
cases  of  seizures  for  forfeiture  under  any  law  of  the 
United  States,  the  marshal  shall  stay  the'  execution  of 
such  process,  or  discharge  the  property  arrested  if  the 
process  has  been  levied,  on  receiving  from  the  claimant  of 
the  property  a  bond  or  stipulation  in  double  the  amount 
claimed  by  the  libelant,  with  sufficient  surety,  to  be  ap- 
proved by  the  judge  of  the  court  where  the  cause  is  pend- 


112  KAVIGATION   LAWS   OF   THE   UNITED   STATES. 

ing,  or,  in  his  absence,  by  the  collector  of  the  port,  con- 
ditioned to  answer  the  decree  of  the  court  in  such  cause. 
Such  bond  or  stipulation  shall  be  returned  to  the  court, 
and  judgment  thereon,  against  both  the  principal  and 
sureties,  may  be  recovered  at  the  time  of  rendering  the 
decree  in  the  original  cause.  And  the  owner  of  any  ves- 
sel may  cause  to  be  executed  and  delivered  to  the  marshal 
a  bond  or  stipulation,  with  sufficient  surety,  to  be  ap- 
proved by  the  judge  of  the  court  in  which  he  is  marshal, 
conditioned  to  answer  the  decree  of  said  court  in  all  or 
any  cases  that  shall  thereafter  be  brought  in  said  court 
against  the  said  vessel,  and  thereupon  the  execution  of  all 
such  process  against  said  vessel  shall  be  stayed  so  long  as 
the  amount  secured  by  such  bond  or  stipulation  shall  be 
at  least  double  the  aggregate  amount  claimed  by  the  libel- 
ants in  such  suits  which  shall  be  begun  and  pending 
against  said  vessel;  and  like  judgments  and  remedies  may 
be  had  on  said  bond  or  stipulation  as  if  a  sJDecial  bond  or 
stipulation  had  been  filed  in  each  of  said  suits.  The 
court  ma}^  make  such  orders  as  may  be  necessary  to  carry 
this  section  into  effect,  and  especially  for  the  giving  oi 
proper  notice  of  any  such  suit.  Such  bond  or  stipulation 
shall  be  indorsed  by  the  clerk  with  a  minute  of  the  suits 
wherein  process  is  so  staj^ed,  and  further  security  may  at 
any  time  be  required  by  the  court.  If  a  special  bond  or 
stipulation  in  the  particular  cause  shall  be  given  under 
this  section,  the  liability  as  to  said  cause  on  the  genera] 
bond  or  stipulation  shall  cease. 


Part  VIII.— INSPECTION  OF  STEAM  VESSELS. 


136.  Wire  tiller  ropes. 

137.  Protection  against  fire. 

138.  Inflammable  or  explosive  cargo. 

139.  Carriage  of  passengers. 

140.  Certificate  of  inspection. 

141.  Exhibit  of  laws. 

142.  Inspectors  and  officers  of  steam- 

vessels. 

143.  Liability  for  damage. 

144.  Enforcement  and  penalty. 


127.  General  provisions. 

128.  Inspection  of  registered  foreign- 

built  vessels. 

129.  Manning  of  inspected  vessels. 

130.  Inspection    of    bulls    and    equip- 

ment. 

131.  Inspection  of  boilers. 

132.  Loading  safety-valve. 

133.  Water-tight  bulkheads. 

134.  Life  boats,  lines,  and  preservers. 

135.  Stairways  and  deck  room. 

127.    General  provisions. 

Every  vessel  propelled  in  whole  or  in  part  b}^  steam  R.  s.,  4399. 
shall  bo  deemed  a  steam-vessel  within  the  meaning  of  this 
Title  [E.  S.,  4399-4500]. 

All  steam  vessels  navigating  any  waters  of  the  United  ^^^l"  ^^\^^^^ 
States  which  are  common  highways  of  commerce  or  open  ^^  j  '^  ^g^^; 
to  general  or  competitive  navigation,  exceptnig  public  peb.  i5,  i902. 
vessels  of  the  United  States,  vessels  of  other  countries,  Mar.  n,  1906. 
and  boats  propelled  in  whole  or  in  part  by  steam  for 
navigating  canals,  shall  be  subject  to  the  provisions  of 
this  title. 

And  all  foreign  private  steam  vessels  carrying  passen- 
gers from  any  port  of  the  United  States  to  any  other 
place  or  country  shall  be  subject  to  the  provisions  of  sec- 
tions forty-four  hundred  and  seventeen,  forty-four  hun- 
dred and  eighteen,  forty-four  hundred  and  twenty-one, 
forty-four  hundred  and  twenty-two,  forty-four  hundred 
and  twentv-three,  forty-four  hundred  and  twenty-four, 
forty-four 'hundred  and  seventy,  forty-four  hundred  and 
seventv-one,  forty-four  hundred  and  seventy-two,  forty- 
four  hundred  and  seventy-three,  forty-four  hundred  and 
seventy-nine,  forty-four  hundred  and  eighty-tvro,  forty- 
four  hundred  and  eighty-eight,  forty-four  hundred  and 
eighty-nine,  forty-four  'hundred  and  ninety-six,  forty- 
four  hundred  an'd  ninety-seven,  forty-four  hundred  and 
ninety-nine,  and  forty-five  hundred  of  this  title,  and  shall 
be  liable  to  visitation  and  inspection  by  the  proper  officer, 
in  any  of  the  ports  of  the  United  States,  respecting  any 
of  the  provisions  of  the  sections  aforesaid:  Provided, 
however,  That  when  such  foreign  passenger  steamers  be- 
lons:  to  countries  having  inspection  laws  approximating 
those  of  the  United  States,  and  have  unexpired  certifi- 
96694°— 11 8  113 


114  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

cates  of  inspection  issued  by  the  proper  authorities  in  the 
respective  countries  to  wliich  they  belong,  they  shall  be 
subject  to  no  other  inspection  than  necessary  to  satisfy 
the  local  inspectors  that  the  condition  of  the  vessel,  her 
boilers,  and  life-saving  equipments  are  as  stated  in  the 
current  certificate  of  inspection;  but  no  such  certificate 
of  inspection  shall  be  accepted  as  evidence  of  lawful 
inspection  except  when  presented  by  steam  vessels  of 
other  countries  which  have  by  their  laws  accorded  to  the 
steam  vessels  of  the  United  States  visiting  such  countries 
the  same  privilege  accorded  herein  to  the  steam  vessels 
of  such  countries  visiting  the  United  States;  it  being- 
further  provided  that  there  shall  be  collected  and  paid 
into  the  Treasury  of  the  United  States  the  same  fees  for 
the  inspection  of  foreign  passenger  steamers  carrying 
passengers  from  the  United  States  that  any  foreign 
nation  shall  charge  the  merchant  vessels  of  the  United 
States  trading  to  the  ports  of  such  nationality ;  it  being 
further  provided  that  the  Secretary  of  Commerce  and 
Labor  shall  have  the  power  to  waive  at  any  time  the  col- 
lection of  such  fees  upon  due  notice  of  the  proper  author- 
ities of  any  country  concerned  that  the  collection  of  fees 
for  the  inspection  of  American  steam  merchant  vessels 
has  been  discontinued. 

It  is  further  provided  that  the  Secretarv^  of  Commerce 
and  Labor  may,  in  his  discretion,  permit  any  foreign  pas- 
senger steamer  coming  within  the  provisions  of  this  Act 
whose  foreign  certificate  of  inspection  shall  have  expired 
at  sea  since  last  leaving  the  country  to  which  said  vessel 
belongs,  or  while  said  vessel  shall  have  been  in  a  port  of 
the  United  States,  to  sail  upon  her  regular  route  without 
undergoing  any  further  inspection  than  would  have  been 
required  had  said  foreign  certificate  of  inspection  been 
in  force:  Provided^  hoioever^  That  such  discretion  shall 
be  exercised  only  with  respect  of  vessels  operated  upon 
regidarly  established  lines,  and  in  cases  where  such  for- 
eign passenger  steamers  will  be  regidarly  inspected  by 
the  authorities  of  her  home  government  before  her  next 
return  to  a  port  of  the  United  States. 
R.  s.,  4498.  _  A  register,  enrollment,  or  license  shall  not  be  o^ranted 
3,  i90o.  Q^.  Q^j^gj,  papers  be  issued  by  any  collector  or  other  cliief 
officer  of  customs  to  any  vessel  subject  bv  law  to  inspec- 
tion under  this  title  [R.  S.,  4399-4500]  until  all  the  pro- 
visions of  this  title  applicable  to  such  vessel  have  been 
fully  complied  with  and  until  the  certificate  of  inspection 
required  by  this  title  for  such  vessel  has  been  filed  with 
said  collector. 
R.  s.,  4426.  The  hull  and  boilers  of  every  ferryboat,  canal  boat, 
Jan  18  189?'  y^^^^*'  ^^'  ^^^^^^  Small  Craft  of  like  character  propelled  by 
Mar.  3,'  1903'.  steam,  shall  be  inspected  under  the  provisions  of  this 
Sec.  4.'  title.    Such  other  provisions  of  law  for  the  better  security 

May  16, 1906.  of  life  as  may  be  applicable  to  such  vessels  shall,  bv  the 
regulations  of  the  board  of  supervising  inspectors,  also  be 


Mar. 
Sec.  9 


PART   VIII. INSPECTION   OF    STEAM   VESSELS. 


115 


required  to  be  complied  with  before  a  certificate  of  inspec- 
tion shall  be  granted,  and  no  such  vessel  shall  be  navi- 
gated without  a  licensed  engineer  and  a  licensed  pilot: 
Provided^  however^  That  in  open  steam  launches  of  ten 
gross  tons  and  under,  one  person,  if  duly  qualified,  may- 
serve  in  the  double  capacity  of  pilot  and  engineer.  Ail 
vessels  of  above  fifteen  gross  tons  carrying  freight  or 
passengers  for  hire,  but  not  engaged  in  fishing  as  a  regular 
business,  propelled  by  gas,  fluid,  naphtha,  or  electric 
motors,  shall  be,  and  are  hereby,  made  subject  to  all  the 
provisions  of  section  forty-four  hundred  and  twenty-six 
of  the  Eevised  Statutes  of  the  United  States  relating  to 
the  inspection  of  hulls  and  boilers  and  requiring  engineers 
and  pilots,  and  for  any  violation  of  the  provisions  of  this 
title  applicable  to  such  vessels,  or  of  rules  or  regulations 
lawfully  established  thereunder,  and  to  the  extent  to 
which  such  provisions  of  law  and  regulations  are  so 
applicable,  the  said  vessels,  their  masters,  officers,  and 
owners  shall  be  subject  to  the  provisions  of  sections  forty- 
four  hundred  and  ninety-six,  forty-four  hundred  and 
ninety-seven,  forty-four  hundred  and  ninety-eight,  forty- 
four  hundred  and  ninety-nine,  and  forty-five  hundred, 
relating  to  the  imposition  and  enforcement  of  penalties 
and  the  enforcement  of  law. 

All  vessels  of  fifteen  gross  tons  or  less  propelled  in 
whole  or  in  part  by  gas,  gasoline,  petroleum,  naphtha, 
fluid,  or  electricity,  and  carrying  passengers  for  hire, 
shall  carry  one  life-preserver,* of  the  sort  prescribed  by 
the  regulations  of  the  board  of  supervising  inspectors,  for 
every  passenger  carried,  and  no  such  boat  while  so  carry- 
ing passengers  shall  be  operated  or  navigated  except  in 
charge  of  a  person  duly  licensed  for  such  service  by  the 
local  board  of  inspectors.  No  examination  shall  be  re- 
quired as  a  condition  of  the  obtaining  of  such  a  license, 
and  any  such  license  shall  be  revoked  or  suspended  by 
the  local  board  of  inspectors  for  misconduct,  gross  neg- 
ligence, recklessness  in  navigation,  intemperance,  or  vio- 
lation of  law  on  the  part  of  the  holder,  and  if  revoked, 
the  person  holding  such  license  shall  be  incapable  of 
obtaining  another  such  license  for  one  year  from  the  date 
of  revocation.      [See  motor  boat  act,  p.  329.] 

Irondequoit  Bay,  New  York,  shall,  for  the  purpose  of 
applying  the  provisions  of  title  fifty-two  of  the  Revised 
Statutes  [R.  S.,  4399-4500],  relating  to  steam-vessels 
navigating  thereon,  be  declared  a  navigable  water  of  the 
United  States;  and  steam-vessels  navigated  thereon,  and 
carrying  passengers,  shall  be  inspected  under  the  pro- 
visions of  section  forty-four  hundred  and  twenty-six  of 
the  title  [R.  S.,  4399^500]  referred  to,  and  subject  to 
the  penalties  provided  therein  for  a  failure  to  comply 
therewith. 

The  hull  and  boiler  of  every  tug-boat,  towing-boat,  and 
freight-boat  shall  be  inspected,  under  the  provisions  of 


June  25, 1890. 


R.  S.,  4427. 


116  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

this  Title  [K.  S.,  4399-4500]  ;  and  the  inspectors  shall  see 
that  the  boilers,  machinery,  and  appurtenances  of  such 
vessel  are  not  dangerous  in  form  or  workmanship,  and 
that  the  safety-valves,  gauge-cocks,  low-water  alarm-indi- 
cators, steam-gauges,  and  fusible  plugs  are  all  attached  in 
conformity  to  law:  and  the  officers  navigating  such  ves- 
sels shall  be  licensed  in  conformity  with  the  provisions  of 
this  Title,  and  shall  be  subject  to  the  same  pro\dsions  of 
law  as  officers  navigating  passenger-steamers. 
?;  ^■' «  ^^L-       Whenever  any  board  of  local  inspectors  refuses  to  2frant 

Mar.  3,  190o.       -,.  ,  -^  i     •         i?  ^i  i 

Sec.  6.  ^  license  to  any  person  ajDphang  tor  the  same,  or  suspends 

or  revokes  the  license  of  any  master,  mate,  engineer,  or 
pilot,  any  person  deeming  himself  wronged  by  such  re- 
fusal, suspension,  or  revocation,  may,  within  thirty  days 
thereof,  on  application  to  the  supervising  inspector  of  the 
district,  have  his  case  examined  anew  by  such  supervising 
inspector;  and  the  local  board  shall  furnish  to  the  super- 
vising inspector,  in  writing,  the  reasons  for  its  doings 
in  the  j^remises;  and  such  supervising  inspector  shall 
examine  the  case  anew,  and  he  shall  have  the  same  powers 
to  summon  witnesses  and  compel  their  attendance  and 
to  administer  oaths  that  are  conferred  on  local  inspectors ; 
and  such  witnesses  and  the  marshal  shall  be  paid  in  the 
same  manner  as  provided  for  by  the  preceding  section; 
and  such  supervising  inspector  may  revoke,  change,  or 
modify  the  decision  of  such  local  board;  and  like  pro- 
ceedings may  be  had  by  any  master  or  owner  of  any  steam 
vessel  in  relation  to  the  inspection  of  such  vessel,  or  her 
boilers  or  machinery,  by  any  such  local  board ;  and  in  case 
of  repairs,  and  in  any  investigation  or  inspection,  where 
there  shall  be  a  disagreement  between  the  local  inspectors, 
the  supervising  inspector,  when  so  requested,  shall  inves- 
tigate and  decide  the  case.  In  cases  of  trials  for  the  rev- 
ocation or  suspension  of  an  officer's  license,  where  either 
the  license  has  been  revoked  or  suspension  for  more  than 
six  months  has  been  made,  and  such  action  has  been 
affirmed  by  the  supervising  inspector,  the  officer  whose 
license  is  in  question  may  have  the  case  examined  anew 
by  the  Supervising  Inspector-General,  who  shall  have  the 
same  powers  to  summon  witnesses,  to  compel  their  attend- 
ance, and  to  administer  oaths  as  are  conferred  on  local 
inspectors,  and  the  Supervising  Inspector-General  may 
revoke,  change,  or  modify  said  decisions.  Application 
for  such  reexamination  of  the  case  shall  be  made  to  the 
Supervising  Inspector-General  within  thirty  days  after 
final  decision  by  the  supervising  inspector. 
R.  s.,  4453.^  Jn  addition  to  the  annual  inspection,  the  local  inspect- 
Sec  2^'  ^^^^  ^^^  shall  examin-e,  at  proper  times,  steamers  arriving  and 
departing  to  and  from  their  respective  ports,  so  often 
as  to  enable  tJiem  to  detect  any  neglect  to  comply  with  the 
requirements  of  law,  and  also  any  defects  or  imperfec- 
tions becoming  apparent  after  the  inspection  aforesaid, 
and  tending  to  render  the  navigation  of  the  vessels  un- 


PAET   VIII. INSPECTION"   OF    STEAM   VESSELS.  117 

safe;  and  if  they  shall  discover  any  omission  to  comply 
with  the  law,  or  that  repairs  have  become  necessary  to 
make  the  vessel  safe,  the  inspectors  shall  at  once  notify 
the  master,  in  writing,  stating  in  the  notice  what  is  re- 
quired ;  and  if  the  master  deems  the  requirements  unrea- 
sonable or  unnecessary,  he  may  apply  for  a  reexamination 
of  the  case  to  the  supervising  inspector,  as  provided  in  the 
preceding  section.     All  inspections  and  orders  for  repairs 
shall  be  promptly  made  by  the  inspectors,  and,  when  it 
can  be  safely  done  in  their  judgment,  they  shall  per- 
mit repairs  to  be  made  where  those  interested  can  most 
conveniently  do  them.    And  whenever  any  local  inspector 
or  supervising  inspector  ascertains  to  his  satisfaction  that 
any  vessel,  subject  to  the  provisions  of  this  title,  has  been 
or  is  being  navigated   or  operated  without  complying 
with  the  terms  of  the  vessel's  certificate  of  inspection 
regarding  the  number  and  class  of  licensed  officers  and 
crew,  or  without  complying  with  the  provisions  of  law 
and  her  said  certificate  as  to  the  number  or  kind  of  life- 
saving  or  fire-fighting  apparatus,  or  without  maintaining 
in  good  and  efficient  condition  her  lifeboats,  fire  pumps, 
firehose,  and  life-preservers,  or  that  for  any  other  reason 
said  vessel  can  not  be  operated  with  safety  to  life,  the 
said  local  or  supervising  inspector  shall  order  the  owner 
or  master  of  said  vessel  to  correct  such  unlawful  condi- 
tions, and  may  require  that  the  vessel  at  once  cease  navi- 
gating and  be  submitted   to  reinspection ;   and   in  case 
the  said  orders  of  such  inspector  shall  not  at  once  be  com- 
plied with,  the  said  inspector  shall  revoke  the  said  ves- 
sel's certificate  of  inspection  and  shall  immediately  give 
to  the  OAvner,  master,  or  agent  of  said  vessel  notice,  in 
writing,  of  such  revocation;  and  no  new  certificate  of 
inspection  shall  be  again  issued  to  her  until  the  provisions 
of  this  title  [K.  S.,  4390-4500]  have  been  complied  with. 
Any  vessel  subject  to  the  provisions  of  this  title  [R.  S., 
4399_4500]    operating   or   navigating  or   attempting   to 
operate  or  navigate  after  the  revocation  of  her  certificate 
of  inspection  and  before  the  issuance  of  a  new  certificate, 
shall,  upon  application  by  the  inspector  to  any  district 
court  of  the  United  States  having  jurisdiction,  and  by 
proper  order  or  action  of  said  court  in  the  premises,  be 
seized  summarily  by  way  of  libel  and  held  without  priv- 
ilege of  release  by  iDail  or  bond  until  a  proper  certificate 
of  Inspection  shall  have  been  issued  to  said  vessel:  Pro- 
vided, That  the  master  or  owner  of  any  vessel  whose 
certificate  shall  have  been  so  revoked  may  within  thirty 
days  after  receiving  notice  of  such  revocation  appeal  to 
the  Secretary  of  Commerce  and  Labor  for  a  reexamina- 
tion of  the  case,  and  upon  such  appeal  the  said  Secretary 
shall  have   power  to   revise,  modify,  or  set   aside  such 
action  of  the  local  or  supervising  inspector  and  direct  the 
issuance  to  such  vessel  of  her  original  certificate  or  of  a 
new  certificate  of  inspection ;  and  in  case  the  said  Secre- 


118  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

tary  shall  so  direct  the  issuance  of  a  certificate,  all  judicial 
process  against  said  vessel  based  on  this  section  shall 
thereupon  be  of  no  further  force  or  effect,  and  the  vessel 
shall  thereupon  be  released. 

R.  s.,  4454,  If  any  master  or  owner  of  any  steamer  shall  refuse  or 
neglect  to  comply  with  the  requirements  of  the  local 
inspectors,  made  in  pursuance  of  the  preceding  section, 
and  shall,  contrary  thereto  and  while  the  same  remains 
unreversed  by  the  supervising  inspector,  employ  the  vessel 
by  navigating  her,  the  master  and  owner  shall  be  liable  to 
a'penalty  of  five  hundred  dollars  for  each  offense,  one-half 
for  the  use  of  the  informer ;  for  which  sum  the  vessel  itself 
shall  be  liable,  and  may  be  seized  and  proceeded  against 
by  libel  in  any  district  court  having  jurisdiction;  and  the 
master  and  owner,  and  the  vessel  itself,  shall,  in  addition 
thereto,  be  liable  for  any  damage  to  passengers  and  their 
baggage  which  shall  occur  from  any  defects  as  stated  in 
the  notice  prescribed  in  the  preceding  section. 

R.  s.,  4491.  '^Q  kind  of  instrument,  machine,  or  equipment,  for  the 
better  security  of  life,  jorovided  for  by  this  Title  [R.  S., 
4399^500]  shall  be  used  on  any  steam-vessel  which  shall 

Feb.  14, 1903.  not  first  be  approved  by  the  board  of  supervising  inspect- 

Sec.  10.  Qj.g^  and  also  by  the  Secretaiy  of  Commerce  and  Labor. 

128.  Inspection  of  reg-istered  foreign-built  vessels. 

Mar.  3,  1897.  The  Secretary  of  Commerce  and  Labor  be,  and  he  is 
?b  14  1903  ^^^^'6^y?  authorized  to  direct  the  inspection  of  any  for- 
Sec.  10.'  ^^S^   vessel,   admitted   to   American   registry,  its  steam 

boilers,  steam  pipes,  and  appurtenances,  and  to  direct  the 
issue  of  the  usual  certificate  of  inspection,  whether  said 
boilers,  steam  pipes,  and  appurtenances  are  or  are  not 
constructed  pursuant  to  the  laws  of  the  United  States,  or 
whether  they  are  or  are  not  constructed  of  iron  stamped 
pursuant  to  said  laws.  The  tests  in  the  ins2:)ection  of  such 
boilers,  steam  pipes,  and  appurtenances  shall  be  the  same 
in  all  respects  as  to  strength  and  safety  as  are  required  in 
the  inspection  of  boilers  constructed  in  the  United  States 
for  marine  purposes. 

129.  Manning"  of  inspected  vessels. 

R.  s.,  4463.  Any  vessel  of  the  United  States  subject  to  the  provi- 
Apr.  2. 190S.  g-^j^g  ^f  ^j^-g  ^-^j^  ^^  ^^  ^j^^  inspection  laws  of  the  United 
States  shall  not  be  navigated  unless  she  shall  have  in  her 
service  and  on  board  such  complement  of  licensed  officers 
and  crew  as  may,  in  the  judgment  of  the  local  inspectors 
who  inspect  the  vessel,  be  necessary  for  her  safe  naviga- 
tion. The  local  inspectors  shall  make  in  the  certificate 
of  inspection  of  the  vessel  an  entry  of  such  complement 
of  officers  and  crew,  which  may  be  changed  from  time  to 
time  by  indorsement  on  such  certificate  "by  local  inspect- 
ors by  reason  of  change  of  conditions  or  employment. 
Such  entry  or  indorsement  shall  be  subject  to  a  rid^t  of 
appeal,  under  regulations  to  be  made  by  the  Secretary 
of  Commerce  and  Labor,  to  the  supervising  inspector  and 


Mar.  3,  1905. 


PART   VIII. INSPECTION   OF    STEAM   VESSELS.  119 

from  him  to  the  supervising  inspector-general,  who  shall 
have  the  power  to  revise,  set  aside,  or  affirm  the  said 
determination  of  the  local  inspectors. 

If  any  such  vessel  is  deprived  of  the  services  of  any 
member  of  the  crew  without  the  consent,  fault,  or  collu- 
sion of  the  master,  owner,  or  any  person  interested  in  the 
vessel,  the  vessel  may  proceed  on  her  voyage,  if  in  the 
judgment  of  the  master  she  is  sufficiently  manned  for  such 
voyage. 

If  the  master  shall  fail  to  explain  in  writing  such  defi- 
ciency in  the  crew  to  the  local  inspectors  v/ithin  twelve 
hours  of  the  time  of  the  arrival  of  the  vessel  at  her  desti- 
nation, he  shall  be  liable  to  a  penalty  of  fifty  dollars.  If 
the  vessel  shall  have  been  insufficiently  manned  in  the 
judgment  of  the  local  inspectors,  the  master  shall  be 
liable  to  a  penalty  of  one  hundred  dollars,  or  in  case  of 
an  insufficient  number  of  licensed  officers  to  a  penalty  of 
five  hundred  dollars. 

130.  Inspection  of  hulls  and  equipment. 

[Sea  Seaworthiness,  paragraph  114,  page  98.] 

131.  Inspection  of  boilers. 

The  local  inspectors  shall  also  inspect  the  boilers  and  R-  s.,  4418.  ^ 
their  appurtenances  in  all  steam  vessels  before  the  same 
shall  be  used,  and  once  at  least  in  every  year  thereafter, 
and  shall  subject  all  boilers  to  the  hydrostatic  pressure. 
All  such  vessels  shall  comph^  with  the  following  require- 
ments, namely:  That  the  boilers  are  well  made,  of  good 
and  suitable  material ;  that  the  openings  for  the  passage 
of  water  and  steam,  respectively,  and  all  pipes  and  tubes 
exposed  to  heat,  are  of  proper  dimensions  and  free  from 
obstructions ;  that  the  spaces  between  and  around  the  flues 
are  sufficient;  that  flues,  boilers,  furnaces,  safety  valves, 
fusible  plugs,  low-water  indicators,  feed-water  apparatus, 
gauge  cocks,  steam  gauges,  water  and  steam  pipes  con- 
necting boilers,  means  of  prevention  of  sparks  and  flames 
from  fire  doors,  low-water  gauges,  means  of  removing 
mud  and  sediment  from  boilers,  and  all  other  such  ma- 
chinery and  appurtenances  thereof,  are  of  such  construc- 
tion, shape,  condition,  arrangement,  and  material  that  the 
same  may  be  safely  employed  in  the  service  proposed 
without  peril  to  life;  and  the  local  inspectors  shall  satisfy 
themselves  by  thorough  examination  that  said  require- 
ments of  law  and  regulations  in  regard  thereto  have  been 
fully  complied  with.  All  boilers  used  on  steam  vessels 
and  "^constructed  of  iron  or  steel  plates,  inspected  under  the 
provisions  of  section  forty-four  hundred  and  thirty,  shall 
be  subjected  to  a  hydrostatic  test,  in  the  ratio  of  one  hun- 
dred and  fifty  pounds  to  the  square  inch  to  one  hundred 
pounds  to  the  square  inch  of  the  working  steam  power 
allowed.  No  boiler  or  flue  pipe,  nor  any  of  the  connec- 
tions therewith,  shall  be  approved,  which  is  made,  in 
whole  or  in  part,  of  bad  material,  or  is  unsafe  in  its  form, 
or  dangerous  from  defective  workmanship,  age,  use,  or 


120 


NAVIGATION   LAWS    OF   THE   UNITED    STATE.?. 


R.  S.,  4420. 


R.  S.,  4419. 


R.  S.,  442! 


R.  S.,  4429. 


Aug.  7,  1881 
Feb.  14,  190^ 
Sec.  10. 


R.  S.,  4430. 


In  apph'ing  the  directions  of  the  preceding  section 
[44-18]  to  steamboats  used  exckisively  for  towing  and  car- 
rying freight  on  the  Mississippi  Eiver  and  its  tributaries, 
the  local  inspectors  shall  substitute,  for  such  boats,  one 
hundred  and  fifty  pounds  of  steam  pressure  in  place  of 
one  hundred  and  ten  pounds  for  the  standard  pressure 
ujDon  standard  boilers  of  forty-two  inches  diameter,  and 
of  plates  of  one-quarter  of  an  inch  in  thickness;  and  such 
boats  may,  on  the  written  permit  of  the  supervising  in- 
spector of  the  district  in  which  such  boats  shall  carry  on 
their  business,  be  permitted  to  carry  steam  above  the 
standard  pressure  of  one  hundred  and  ten  pounds,  but  not 
exceeding  the  standard  pressure  of  one  hundred  and  fifty 
pounds,  to  the  square  inch. 

One  of  the  safety-valves  may,  if  in  the  opinion  of  the 
local  inspectors  it  is  necessary  to  do  so,  and  the  steam- 
registers  shall,  be  taken  wholly  from  the  control  of  all 
persons  engaged  in  navigating  such  vessels  and  secured 
by  the  inspectors. 

Every  boiler  manufactured  to  be  used  on  steam-vessels, 
and  made  of  iron  or  steel  plates  shall  be  constructed  of 
plates  that  have  been  stamped  in  accordance  with  the 
provisions  of  this  Title  [R.  S.,  4399^500]. 

Every  person  who  constructs  a  boiler,  or  steam-pipe 
connecting  the  boilers,  to  be  used  on  steam- vessels,  of  iron 
or  steel  plates  which  have  not  been  dul}^  stamped  and  in- 
spected according  to  the  provisions  of  this  Title  [R.  S., 
4399^500] ,  or  who  knowingly  uses  any  defective,  bad,  or 
faulty  iron  or  steel  in  the  construction  of  such  boilers;  or 
who  drifts  any  rivet-hole  to  make  it  come  fair;  or  who 
delivers  any  such  boiler  for  use,  knowing  it  to  be  imper- 
fect in  its  flues,  flanging,  riveting,  bracing,  or  in  any  other 
of  its  parts,  shall  be  fined  one  thousand  dollars,  one-half 
for  the  use  of  the  informer.  Nothing  in  this  Title  shall 
be  so  construed  as  to  prevent  from  being  used,  on  any 
steamer,  any  boiler  or  steam-generator  which  may  not  be 
constructed  of  riveted  iron  or  steel  plates,  when  the  board 
of  supervising  inspectors  have  satisfactory  evidence  that 
such  boiler  or  steam-generator  is  equal  in  strength,  and  as 
safe  from  explosion,  as  a  boiler  of  the  best  quality  con- 
structed of  riveted  iron  or  steel  plates:  Provided^  how- 
ever^ That  the  Secretary  of  Commerce  and  Labor  may 
grant  permission  to  use  any  boiler  or  steam-generator  not 
constructed  of  riveted  iron  or  steel  plates  upon  the  certifi- 
cate of  the  supervising  inspector  of  steamboats  for  the 
district  wherein  such  boiler  or  generator  is  to  be  used,  and 
other  satisfactory  proof  that  the  use  of  the  same  is  safe 
and  efficient ;  said  permit  to  be  valid  until  the  next  regu- 
lar meeting  of  the  supervising  inspectors  who  shall  act 
thereon. 

Every  iron  or  steel  plate  used  in  the  construction  of 
steamboat-boilers,  and  Avhich  shall  be  subject  to  a  tensile 
strain,  shall  be  inspected  in  such  manner  as  shall  be  pre- 


PART   VIII. INSPECTION    OF    STEAM    VESSELS.  121 

scribed  by  the  board  of  supervising  inspectors  and  ap-  Feb.  14,  isos. 
proved  by  the  Secretary  of  Commerce  and  Labor,  so  as  to  ^^^-  ^^^ 
enable  the  inspectors  to  ascertain  its  tensile  strength, 
homogeneoiisness,  toughness,  and  ability  to  withstand  the 
effect  of  repeated  heating  and  cooling;  and  no  iron  or 
steel  plate  shall  be  used  in  the  construction  of  such  boilers 
which  has  not  been  inspected  and  approved  under  those 
rules. 

And  the  Supervising  Inspector-General  may,  under  the  Jan.  22,  1894. 
direction  of  the  Secretary  of  Commerce  and  Labor,  detail  ^'^eb.  14,  1903. 
assistant  inspectors  from  any  local  inspection  district  ^^^-  ■^^* 
where  assistant  inspectors  are  employed,  to  inspect  iron 
or  steel  boiler  plates  at  the  mills  where  the  same  are  man- 
ufactured; and  if  the  plates  are  found  in  accordance  with 
the  rules  of  the  supervising  inspectors,  the  assistant  in- 
spector shall  stamp  the  same  with  the  initials  of  his  name, 
followed  by  the  letters  and  words  "U.  S.  Assistant  In- 
spector;" and  material  so  stamped  shall  be  accepted  by  the 
local  inspectors  in  the  districts  where  such  material  is  to 
be  manufactured  into  marine  boilers  as  being  in  full  com- 
pliance with  the  requirements  of  this  section  regarding  the 
inspection  of  boiler  plates;  it  being  further  provided  that 
any  person  who  affixes  any  false,  forged,  fraudulent, 
spurious,  or  counterfeit  of  the  stamp  herein  authorized 
to  be  put  on  by  an  assistant  inspector,  shall  be  deemed 
guilty  of  a  felony,  and  shall  be  fined  not  less  than  one 
thousand  dollars,  nor  more  than  five  thousand  dollars, 
and  imprisoned  not  less  than  two  years  nor  more  than 
five  years. 

Every  plate  of  boiler-iron  or  steel,  made  for  use  in  the  r.  s.,  4431. 
construction  of  steamboat-boilers,  shall  be  distinctly  and 
permanently  stamped  by  the  manufacturer  thereof,  and. 
if  practicable,  in  such  ])laces  that  the  marks  shall  be  left 
visible  when  such  plates  are  worked  into  boilers,  with  the 
name  of  the  manufacturer,  the  place  where  manufactured, 
and  the  nuinber  of  pounds  tensile  strain  it  will  bear  to  the 
sectional  square  inch ;  and  the  inspectors  shall  keep  a  rec- 
ord in  their  office  of  the  stamps  upon  all  boiler-plates  and 
boilers  which  they  inspect. 

Every  person  wdio  counterfeits,  or  causes  to  be  counter-  ^-  s.,  4432. 
feited,  any  of  the  marks  or  stamps  prescribed  for  boiler 
iron  or  steel  plates,  or  who  designedly  stamps,  or  causes  to 
be  stamped  falsely,  any  such  plates ;  and  every  person  who 
stamps  or  marks,  or  causes  to  be  stamped  or  marked,  any 
such  iron  or  steel  plates  with  the  name  or  trade-mark  of 
another,  with  the  intent  to  mislead  or  deceive,  shall  be 
fined  two  thousand  dollars,  one-half  to  the  use  of  the  in- 
former, and  may,  in  addition  thereto,  at  the  discretion  of 
the  court,  be  imjorisoned  not  exceeding  two  years. 

The  working  steam-pressure  allowable  on  boilers  con-  R-  S-,  4433. 
structed   of   plates   inspected  as  required  by   this  Title 
[E.  S.,  4399-4500].  when  single-riveted,  shall  not  produce 
a  strain  to  exceed  one-sixth  of  the  tensile  strength  of  the 


122  NAVIGATION  LAWS   OF   THE   UNITED   STATES. 

iron  or  steel  plates  of  which  such  boilers  are  constructed; 
but  where  the  longitudinal  laps  of  the  cj'lindrical  parts 
of  such  boilers  are  double-riveted,  and  the  rivet-holes  for 
such  boilers  have  been  fairly  drilled  instead  of  punched, 
an  addition  of  twenty  per  centum  to  the  working  pres- 
sure provided  for  single-riveting  may  be  allowed:  Pro- 
vided.  That  all  other  parts  of  such  boilers  shall  corre- 
spond in  strength  to  the  additional  allowances  so  made; 
and  no  split-calking  shall  in  any  case  be  pemiitted. 

R.  s.,  4434.         JsTo  externally  fired  boiler  having  its  shell  constructed 

Mar.  2,  1909.  ^^  j^^qj-^  ^^  ^{q^I  plates,  exceeding  an  average  thickness  of 
thirty-eight  one-hundredths  of  an  inch,  shall  be  employed 
on  any  steam  vessel  navigating  the  Red  River  of  the 
North  or  rivers  flowing  into  the  Gulf  of  IMexico  or  their 
tributaries;  and  no  externally  fired  boiler  emplo^^ed  on 
any  such  steam  vessel  shall  have  less  than  three  inches 
space  between  its  shell  and  any  of  its  internal  flues,  and 
not  less  than  three  inches  space  between  such  flues  when 
any  such  flues  are  more  than  five  inches  in  diameter,  the 
measurements  to  be  taken  from  the  center  of  the  length 
of  the  tapered  section  of  said  flues ;  and  every  such  exter- 
nally fired  boiler  employed  on  any  such  steam  vessel  shall 
be  provided  with  a  manhole  in  the  lower  part  of  the  front 
head  thereof,  of  such  dimensions  as  may  be  prescribed  by 
the  Board  of  Supervising  Inspectors,  in  all  cases  where  the 
distance  between  its  internal  flues  is  less  than  three 
inches.  Externally  fired  boilers  having  shells  constructed 
of  iron  or  steel  plates  not  exceeding  an  average  thickness 
of  Mtj  one-hundredths  of  an  inch  may,  in  the  discretion 
of  the  Supervising  Inspector-General,  be  authorized  and 
employed  on  steam  vessels  navigating  the  Atlantic  and 
Pacific  oceans,  or  salt-water  bays,  or  sounds,  or  the  Great 
Lakes,  or  any  of  them,  and  waters  flowing  to  and  from 
the  same,  or  any  of  them :  Provided^  That  on  inspection, 
no  plate  that  is  by  this  Act  limited  to  a  thickness  of 
thirty-eight  one-hundredths  of  an  inch  and  no  plate  that 
is  by  this  Act  limited  to  a  thickness  of  fifty  one-hun- 
dredths of  an  inch  shall  be  rejected  for  use  if  found  to 
exceed  those  dimensions,  respectively,  if  the  approved 
average  thickness  thereof  does  not  exceed  the  limits 
therein  specified,  and  the  amount  of  steam  pressure  that 
will  be  permitted  to  be  carried  in  boilers  constructed  in 
accordance  with  the  requirements  of  this  Act  shall  be 
determined  from  measurements  showing  the  least  thick- 
ness of  the  plates. 

Sec.  2.  All  externally  fired  boilers,  constmcted  of  iron  or  steel, 

prior  to  the  passage  of  this  Act,  and  now  in  use  on  any 
such  vessels,  wherein  the  space  between  the  shell  and  any 
of  its^  internal  flues  or  between  such  flues  is  less  than 
three  inches,  they  shall  be  deemed  lawfully  constructed. 
132.   Loading  safety-valve. 

R.  s.,  4437.  Every  person  who  intentionally  loads  or  obstructs,  or 
causes  to  be  loaded  or  obstructed,  in  any  Avay  or  manner, 
the  safety-valve  of  a  boiler,  or  who  employs  any  other 


PART   VTII. mm^CTION   OF    STEAM   VESSELS.  123 

means  or  device  whereby  the  boiler  may  be  subjected  to  a 
greater  pressure  than  the  amount  allowed  by  the  certifi-  * 
cate  of  the  inspectors,  or  who  intentionally  deranges  or 
hinders  the  operation  of  any  machinery  or  device  em- 
ployed to  denote  the  state  of  the  water  or  steam  in  any 
boiler,  or  to  give  warning  of  approaching  danger,  or  who 
intentionally  permits  the  water  to  fall  below  the  pre- 
scribed low-water  line  of  the  boiler,  and  every  person  con- 
cerned therein,  directly  or  indirectly,  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  fined  two  hundred  dollars,  and 
may  also  be  imprisoned  not  exceeding  five  years. 
133.   Water-tight  bulkheads. 

Every  sea-going  steamer,  and  every  steamer  navigating  ^-  S'  4^^^' 
the  great  northern  or  northwestern  lakes,  carrying  pas- 
sengers, the  building  of  which  shall  be  completed  after 
the  twenty-eighth  day  of  August,  eighteen  hundred  and 
seventy-one,  shall  have  not  less  than  three  water-tight 
cross-bulk-heads,  such  bulk-heads  to  reach  to  the  main- 
deck  in  single-decked  vessels,  otherwise  to  the  deck  next 
below  the  main-deck ;  to  be  made  of  iron  plates,  sustained 
upon  suitable  frame-work ;  and  to  be  properly  secured  to 
the  hull  of  the  vessel.  The  position  of  such  bulk-heads 
and  the  strength  of  material  of  which  the  same  shall  be 
constructed  shall  be  determined  by  the  general  rules  of 
the  board  of  supervising  inspectors. 

Steam- vessels  of  one  hundred  tons  burden  or  under,  en-  J^^y  9,  isse. 
gaged  in  the  coastwise  bays  and  harbors  of  the  United  ^^^'  ' 
States,  may  be  licensed  by  the  United  States  local  inspect- 
ors of  steam- vessels  to  carry  passengers  or  excursions  on 
the  ocean  or.  upon  the  Great  Lakes  of  the  North  or  North- 
w^est,  not  exceeding  fifteen  miles  from  the  mouth  of  such 
baj^s  or  harbors,  without  being  required  to  have  the  three 
w^ater-tight  cross-bulkheads  provided  by  section  forty- 
four  hundred  and  ninety  of  the  Revised  Statutes  for 
other  passenger  steamers:  Provided^  That  in  the  judg- 
ment of  the  local  inspector  such  steamers  shall  be  safe  and 
suitable  for  such  navigation  without  danger  to  human 
life,  and  that  they  shall  have  one  water-tight  collision 
bulkhead  not  less  than  five  feet  abaft  the  stem  of  said 
steamer. 
134.   Life-boats,   lines,   and  preservers. 

Every  steam-vessel  navigating  rivers  only,  except  ferry-  ^-  s-.  4481. 
boats,  freight-boats,  canal-boats,  and  towing-boats,  of  less 
than  fifty  tons,  shall  have  at  least  one  good  substan- 
tial boat  with  lines  attached,  and  properly  supplied 
with  oars,  and  kept  in  good  condition  at  all  times,  and 
ready  for  immediate  use ;  and  in  addition  thereto,  every 
such  vessel  carrying  passengers  shall  have  one  or  more 
metallic  life-boats,  fireproof,  and  in  all  respects  good  and 
substantial  boats,  of  such  dimensions  and  arrangements 
as  the  board  of  supervising  inspectors  by  their  regulations 
shall  prescribe,  which  boats  shall  be  carried  in  the  most 
convenient  manner  to  be  brought  into  immediate  use  in 


124  NAVIGATION   LAWS    OF    THE   UNITED   STATES. 

case  of  accident.     But  where  the  character  of  the  naviga- 
tion is  such  that,  in  the  opinion  of  the  supervising  in- 
spector, the  metallic  life-boats  can  be  dispensed  with,  he 
may  exemjDt  any  such  vessel  from  carrjdng  the  same;  or 
may  require  a  substitute  therefor,  at  his  discretion. 
R.  s.,  4482.         Every  such  steam-vessel  carrying  passengers  shall  also 
be  provided  with  a  good  life-preserver,  made  of  suitable 
material,  for  every  cabin  passenger  for  which  she  will 
have  accommodation,  and  also  a  good  life-preserver  or 
float  for  each  deck  or  other  class  passenger  which  the 
inspector's  certificate  shall  allow  her  to  carry,  including 
the  officers  and  crew ;  which  life-preservers  or  floats  shall 
be  kept  in  convenient  and  accessible  places  on  such  vessel 
in  readiness  for  immediate  use  in  case  of  accident. 
R.  s.,  4488.         Every  steamer  navigating  the  ocean,  or  any  lake,  bay. 
Mar.  3,  1905.  or  souud  of  the  United  States,  shall  be  provided  with 
^^^'  ^'  such  numbers  of  lifeboats,  floats,  rafts,  life-preservers, 

line-carr3ang  projectiles,  and  the  means  of  propelling 
them,  and  drags,  as  will  best  secure  the  safet}^  of  all  per- 
sons on  board  such  vessel  in  case  of  disaster;  and  every 
seagoing  vessel  carrying  passengers,  and  every  such  ves- 
sel navigating  any  of  the  northern  or  northwestern  lakes, 
shall  have  the  lifeboats  required  b}^  law,  provided  with 
suitable  boat-disengaging  apparatus,  so  arranged  as  to 
allow  such  boats  to  be  safely  launched  while  such  vessels 
are  under  speed  or  otherwise,  and  so  as  to  allow  such 
disengaging  apparatus  to  be  operated  by  one  person,  dis- 
engaging both  ends  of  the  boat  simultaneously  from  the 
tackles  by  which  it  may  be  lowered  to  the  water.  And 
the  board  of  supervising  inspectors  shall  fix  and  deter- 
mine, hy  their  rules  and  regulations,  the  character  of  life- 
boats, floats,  rafts,  life-preservers,  line-carrjdng  pro- 
jectiles, and  the  means  of  propelling  them,  and  drags 
that  shall  be  used  on  such  vessels,  and  also  the  character 
and  capacity  of  pumps  or  other  appliances  for  freeing  the 
steamer  from  water  in  case  of  heavy  leakage,  the  capacity 
of  such  pumps  or  appliances  being  suited  to  the  naviga- 
tion in  which  the  steamer  is  employed.  Every  vessel 
subject  to  the  provisions  of  this  title  [R.  S.,  4399-4500] 
shall,  while  in  operation,  carry  one  life-preserver  for  each 
and  every  person  allowed  to  be  carried  on  said  vessel  by 
the  certificate  of  inspection,  including  each  member  of 
the  crew:  Provided,  however^  That  upon  such  vessels  and 
under  such  conditions  as  are  specified  in  section  forty- 
four  hundred  and  eighty-two  floats  may  be  substituted 
for  life-preservers.  Any  person  who  willfully  and  know- 
ingly manufactures  or  sells,  or  offers  for  sale,  or  has  in 
his  possession  with  intent  to  sell,  life-preservers  contain- 
ing metal  or  other  nonbuoyant  material,  for  the  purpose 
of  increasing  the  weight  thereof,  or  more  metal  or  other 
such  material  than  is  reasonably  necessar}^  for  the  con- 
struction thereof,  or  who  shall  so  manufacture,  sell,  offer 
for  sale,  or  possess  with  intent  to  sell  any  other  articles 


PART    VIII. INSPECTION    OF    STEAM   VESSELS. 


125 


R.  S.,  4489. 
Mar.  2,  1889. 


10. 


R.  S.,  4484. 


commonly  used  for  preservation  of  life  or  the  prevention 
of  fire  on  board  vessels  subject  to  the  provisions  of  this 
title,  Avhich  articles  shall  be  so  defective  as  to  be  inefficient 
to  accomplish  the  purposes  for  which  the}^  are  respec- 
tively intended  and  designed,  shall  upon  conviction,  be 
fined  not  more  than  two  thousand  dollars,  and  may,  in 
addition  thereto,  in  the  discretion  of  the  court,  be  impris- 
oned not  exceeding  five  years. 

The  owner  of  any  such  steamer  who  neglects  or  refuses 
to  provide  such  life-boats,  floats,  rafts,  life-preservers, 
line-carrying  projectiles  and  the  means  of  propelling 
them,  drags,  pumps,  or  appliances,  as  are,  under  the  pro- 
visions of  "the  preceding  section,  required  by  the  board  of 
supervising  inspectors,  and  approved  by  the  Secretary  of  Feb.  i4, 1903 
Commerce  and  Labor,  shall  be  fined  one  thousand  dollars.    ^^"^ 

135.   stairways  and  deck  room. 

Every  such  steam-vessel  carrying  passengers  on  the 
main-deck  shall  be  provided  with  permanent  stairways 
and  other  sufficient  means,  convenient  to  the  passengers, 
for  their  escape  to  the  upper  deck,  in  case  of  the  vessel 
sinking  or  of  other  accident  endangering  life ;  and  in  the 
stowage  of  freight  upon  such  deck,  where  passengers  are 
carried,  gangways  or  passages,  sufficiently  large  to  allow 
persons  to  pass  freely  through  them,  shall  be  left  open 
both  fore  and  aft  of  the  vessel,  and  also  to  and  along  the 
guards  on  eacli  side. 

The  captain  or  mate  of  every  such  steam-vessel  carry- 
ing passengers  upon  the  main-deck  shall  assign  to  all 
deck-passengers,  when  taking  passage,  the  space  on  deck  ' 
they  may  occupy  during  the  voyage,  and  such  space  shall 
not  thereafter  be  occupied  by  freight,  nor  overcrowded  by 
other  persons,  nor  shall  freight  be  stowed  about  the  boil- 
ers or  machinery,  in  such  a  manner  as  to  obstruct  or  pre- 
vent the  engineer  from  readily  attending  to  his  duties. 

For  every  violation  of  the  provisions  of  the  two  pre- 
ceding sections  the  owners  of  the  vessel  shall  be  punished 
by  a  fine  of  three  hundred  dollars. 

136.  Wire  tiller  ropes. 
Every  steamer  carrying  passengers  shall  be  proAdded 

vrith  such  tiller  ropes,  tiller  rods,  or  chains  for  the  pur- 
pose of  steering  and  navigating  the  vessel,  and  such  bell- 
pulls  for  signalizing  the  engineer  from  the  pilot  house, 
and  such  tubes  or  other  arrangement  to  repeat  back  the 
signal  to  the  pilot  house,  as  may  be  prescribed  by  the 
board  of  supervising  inspectors,  with  the  approval  of  tha 
Secretary  of  Commerce  and  Labor. 

137.  Protection  against  fire. 
Every  steamer  carrying  passengers  or  freight  shall  be 

provided  with  suitable  pipes  and  valves  attached  to  the 
boiler  to  convey  steam  into  the  hold  and  to  the  different 
compartments  thereof  to  extinguish  fire,  or  such  other 


R.  S.,  4485. 


R.  S.,  4486. 


R.  S.,  4480. 
Liar.  3,  1905. 
Sec.  2. 


R.  S.,  4470. 
Mar.  3,  1905. 
Sec.  7. 


126  NAVIGATION   LAWS   OF   THE  UNITED   STATES. 

suitable  apparatus  as  may  be  prescribed  b}^  the  regula- 
tions of  the  board  of  supervising  inspectors,  with  the  ap- 
proval of  the  Secretary  of  Commerce  and  Labor,  for  ex- 
tinguishing fire  in  the  hold  and  compartments  thereof 
by  the  introduction  through  pipes  into  such  hold  and 
compartments  of  carbonic  acid  gas  or  other  fire-extin- 
guishing gas  or  vapor ;  and  every  stove  used  on  board  of 
any  such  vessel  shall  be  well  and  securely  fastened,  so  as 
to  prevent  it  from  being  moved  or  overthrown,  and  all 
woodwork  or  other  ing^iitible  substances  about  the  boilers, 
chimneys,  cook  houses,  and  stovepipes,  exposed  to  igni- 
tion shall  be  thoroughly  shielded  by  some  incombustible 
material  in  such  a  manner  as  to  leave  the  air  to  circulate 
freely  between  such  material  and  woodwork  or  other 
ignitible  substance;  and  before  granting  a  certificate  of 
inspection  the  inspector  shall  require  all  other  necessary 
provisions  to  be  made  throughout  such  vessels  to  guard 
against  loss  or  danger  from  fire. 

R.  s.,  4471.  Every  steamer  permitted  by  her  certificate  of  inspec- 
tion to  carry  as  many  as  fifty  passengers,  or  upward,  and 
every  steamer  carrying  passengers,  which  also  carries 
cotton,  hay,  or  hemp,  shall  be  provided  with  a  good 
double-acting  steam  fire-pump,  or  other  equivalent  appa- 
ratus for  throwing  water.  Such  pump  or  other  apparatus 
for  throwing  water  shall  be  kept  at  all  times  and  at  all 
seasons  of  the  year  in  good  order  and  ready  for  immediate 
use,  liaving  at  least  two  pipes  of  suitable  dimensions,  one 
on  each  side  of  the  vessel,  to  convey  the  water  to  the 
upper  decks,  to  which  pipes  there  shall  be  attached,  by 
means  of  stop-cocks  or  valves,  both  between  decks  and  on 
the  upper  deck,  good  and  suitable  hose  of  sufficient 
strength  to  stand  a  presssure  of  not  less  than  one  hundred 
pounds  to  the  square  inch,  long  enough  to  reach  to  all 
parts  of  the  vessel  and  properly  provided  with  nozzles^ 
and  kept  in  good  order  and  ready  for  immediate  service. 
Every  steamer  exceeding  two  hundred  tons  burden  and 
carrying  passengers  shall  be  provided  with  two  good 
double-acting  fire-pumps,  to  be  worked  b}^  hand;  each 
chamber  of  such  pumps,  except  pumps  upon  steamers  in 
service  on  the  twenty-eighth  day  of  February,  eighteen 
hundred  and  seventy-one,  shall  be  of  sufficient  capacity 
to  contain  not  less  than  one  hundred  cubic  inches  of 
water;  and  such  pumps  shall  be  placed  in  the  most  suit- 
able parts  of  the  vessel  for  efficient  service,  having  suit- 
able well-fitted  hose  to  each  pump,  of  at  least  one-half  the 
vessel  in  lengths  kept  at  all  times  in  perfect  order,  and 
shipped  up  and  ready  for  immediate  use.  On  every 
steamer  not  exceeding  tvo  hundred  tons,  one  of  such 
pumps  may  be  dispensed  with.  Each  fire-pump  thus  pre- 
scribed shall  be  supplied  Avith  water  by  means  of  a  suit- 
able pipe  connected  therewith,  and  passing  through  the 
side  of  the  vessel  so  low  as  to  be  at  all  times  under  water 

June  30, 1006.  when  she  is  afloat.     Every  steamer  shall  also  be  provided 


PART   VIII. INSPECTION    OF    STEAM   VESSELS. 


127 


Mar.  3,   1905. 
Sec.  3. 


with  a  pump  which  shall  be  of  sufficient  strength  and 
suitably  arranged  to  test  the  boilers  thereof. 

Ever}^  steamer  carrying  passengers  during  the  night-  R.  s.,  4477. 
time  shall  keep  a  suitable  number  of  watchmen  in  the 
cabins,  and  on  each  deck,  to  guard  against  fire  or  other 
dangers,  and  to  give  alarm  in  case  of  accident  or  disaster. 

For  any  neglect  to  keep  the  watchmen  required  by  the  ^-  s.,  4478 
preceding  section,  the  license  of  the  officer  in  charge  of  the 
vessel  for  the  time  being  shall  be  revoked;  and  every 
owner  of  such  vessel  who  neglects  or  refuses  to  furnish  the 
number  of  men  necessar}^  to  keep  watch  as  required,  shall 
be  fined  one  thousand  dollars. 

The  board  of  supervising  inspectors  may  require  steam-  i^-  s.,  4479 
ers  carrying  either  passengers  or  freight  to  be  provided 
w^ith  such  number  and  kind  of  good  and  efficient  portable 
fire-extinguishers  as,  in  the  judgment  of  the  board,  may 
be  necessary  to  protect  them  from  fire  wdien  such  steamers 
are  moored  or  lying  at  a  w^harf  without  steam  to  work  the 
pumps. 

Ever}^  such  steam  vessel  carrying  passengers  shall  keep  ^^- s.,  4483 
such  fire  buckets,  axes,  and  water  barrels  as  shall  be  pre- 
scribed by  the  regulations  established  by  the  boarcl  of 
supervising  inspectors,  with  the  approval  of  the  Secretary 
of  Commerce  and  Labor.  The  buckets  and  barrels  shall 
be  kept  in  convenient  places  and  filled  with  water,  to  be  in 
readiness  in  case  of  fire,  and  the  axes  shall  be  kept  in  good 
order  and  ready  for  immediate  use.  Tanks  of  suitable 
dimensions  and  arrangement,  or  buckets  in  sufficient  num- 
ber, may  be  substituted  for  barrels. 

Every  barge  carrying  passengers,  while  in  tow  of  any  ^'-  S-'  ^^^2. 
steamer,  shall  be  subject  to  the  provisions  of  this  Title 
[E.  S.,  4399^500]  relating  to  fire-buckets,  axes,  life-pre- 
servers, and  yawls,  to  such  extent  as  shall  be  prescribed 
by  the  board  of  supervising  inspectors ;  and  for  any  vio- 
lation of  this  section  the  penalty  shall  be  two  hundred 
dollars,  recoverable  one-half  for  the  use  of  the  informer. 
138.    Inflammable  or  explosive  cargo. 

Upon  the  application  of  any  master  or  owner  of  any  R-  S-.  4422. 
steam- vessel  emploj^ed  in  the  carriage  of  passengers,  for  a 
license  to  carry  gunpowder,  the  local  inspectors  shall 
examine  such  vessel,  and  if  they  find  that  she  is  provided 
wdth  a  chest  or  safe  composed  of  metal,  or  entirely  lined 
and  sheathed  therewith,  or  if  the  vessel  has  one  or  more 
compartments  thoroughly  lined  and  sheathed  with  metal, 
at  a  secure  distance  from  any  fire,  they  may  grant  a  cer- 
tificate to  that  effect,  authorizing  such  vessel  to  carry  as 
freight,  within  such  chest,  safes,  or  compartments,  the 
article  of  gunpowder. 

No  loose  hay,  loose  cotton,  or  loose  hemp,  camphene, 
nitroglycerin,  naphtha,  benzine,  benzole,  coal  oil,  crude  or 
refined  petroleum,  or  other  like  explosive  burning  fluids, 
or  like  dangerous  articles,  shall  be  carried  as  freight  or 


R.  S.,  4472. 
Mar.   3,   190.>. 
Sec.  8. 


128  KAVIGATION   I^A  WS    OF   THE   UNITED   STATES. 

used  as  stores  on  any  steamer  carrying  passengers;  nor 
shall  baled  cotton  or  hemp  be  carried  on  such  steamers 
unless  the  bales  are  compact^  pressed  and  thoroughly 
covered  and  secured  m  such  manner  as  shall  be  prescribed 
by  the  regulations  established  by  the  board  of  supervising 
inspectors  Avith  the  approval  of  the  Secretary  of  Com- 
merce and  Labor ;  nor  shall  gunpowder  be  carried  on  any 
such  vessel  except  under  special  license;  nor  shall  oil  of 
vitriol,  nitric  or  other  cheinical  acids  be  carried  on  such 
steamers  except  on  the  decks  or  guards  thereof  or  in  such 
other  safe  part  of  the  vessel  as  shall  be  prescribed  by  the 
inspectors.  Kelined  petroleum,  v^'liich  will  not  ignite  at  a 
temperature  less  than  one  hundred  and  ten  degrees  of 
Fahrenheit  thermometer,  may  be  carried  on  board  such 
steamers  upon  routes  where  there  is  no  other  practicable 
mode  of  transporting  it,  and  under  such  regulations  as 
shall  be  prescribed  by  the  board  of  supervising  inspectors 
with  the  approval  of  the  Secretary  of  Commerce  and 
Labor;  and  oil  or  spirits  of  turpentine  may  be  carried  on 
such  steamers  when  put  up  in  good  metallic  vessels  or 
casks  or  barrels  well  and  securely  bound  with  iron  and 
stowed  in  a  secure  part  of  the  vessel ;  and  friction  matches 
may  be  carried  on  such  steamers  when  securely  packed  in 
strong,  tight  chests  or  boxes,  the  covers  of  which  shall  be 
well  secured  by  loci^s,  screws,  or  other  reliable  fastenings, 
and  stowed  in  a  safe  part  of  the  vessel  at  a  secure  distance 
from  any  fire  or  heat.  All  such  other  provisions  shall  be 
made  on  every  steamer  carrying  passengers  or  freight,  to 
guard  against  and  extinguish  fire,  as  shall  be  prescribed 
by  the  board  of  supervising  inspectors  and  approved  by 
the  Secretar}^  of  Commerce  and  Labor.  Nothing  in  the 
foregoing  or  following  sections  of  this  Act  shall  prohibit 
the  transportation  by  steam  vessels  of  gasoline  or  any  of 
the  products  of  petroleum  when  carried  b}^  motor  vehicles 
(commonly  known  as  automobiles)  using  the  same  as  a 
source  of  motive  power :  Provided,  however,  That  all  fire, 
if  any,  in  such  vehicles  or  automobiles  be  extinguished 
immediately  after  entering  the  said  vessel,  and  that  the 
same  be  not  relighted  until  immediately  before  said  vehi- 
cle shall  leave  the  vessel:  Provided  further,  That  any 
owner,  master,  agent,  or  other  person  having  charge  of 
passenger  steam  vessels  shall  have  the  right  to  refuse  to 
transport  automobile  vehicles  the  tanks  of  which  contain 
gasoline,  naphtha,  or  other  dangerous  burning  fluids. 

May  28,  1906.  Provided-,,  ho'icever,  That  nothing  in  the  provisions  of 
this  Title  shall  prohibit  the  transportation  by  vessels  not 
carrying  passengers  for  hire,  of  gasoline  or  any  of  the 
products  of  petroleum  for  use  as  a  source  of  motive  po^ver 
for  the  miotor  boats  or  launches  of  such  vessels. 

R.  s.,  4473.  Every  bale  of  cotton  or  hemp  that  shall  be  shipped  or 
carried  on  any  passenger-steamer,  without  conforming  to 
the  p^'o visions  of  the  preceding  section,  shall  be  subject 
to  a  penalty  of  five  dollars,  and  shall  be  liable  to  seizure 
and  sale  to  secure  the  payment  of  such  penalty. 


PART   VIII. INSPECTION    OF    STEAM   VESSELS.  129 

The  Secretaiy  of  Commerce  and  Labor  may  grant  per-  ^-  s.,  4474. 
mission  to  the  owner  of  any  steam-vessel,  to  use  any  in-  g^^^o'  ^^^'^' 
vention  or  process  for  the  utilization  of  petroleum  or 
other  mineral  oils  or  substances  in  the  production  of 
motive-power,  and  ma}^  make  and  enforce  regulations  con- 
cerning the  application  and  use  of  the  same  for  such  pur- 
pose. But  no  such  permission  shall  be  granted,  unless 
upon  the  certificate  of  the  supervising  inspector  of  steam- 
boats for  the  district  wherein  such  vessel  is  registered, 
and  other  satisfactory  proof  that  the  use  of  the  same  is 
safe  and  efficient;  and  upon  such  proof,  and  the  approval 
of  such  certificate  by  the  Secretary  of  Commerce  and 
Labor,  a  special  license  for  the  use  of  such  process  or  in- 
vention shall  issue  under  the  seal  of  the  Department  of 
Commerce  and  Labor. 

The  Secretary  of  Commerce  and  Labor  may  permit  the  ^^*-  ^^'  ^f^?- 
use  of  petroleum  as  fuel  on  steamers  not  carrying  passen-  g^J"  -^qI 
gers.  without  the  certificate  of  the  supervising  inspector 
of  the  district  where  the  A^essel  is  to  be  used,  subject  to 
such  conditions  and  safeguards  as  the  Secretary  of  Com- 
merce and  Labor  in  his  judgment  shall  provide.  For  a 
violation  of  any  of  the  conditions  imposed  by  the  Secre- 
tary of  Commerce  and  Labor  a  penalty  of  five  hundred 
dollars  shall  be  imposed,  which  penalty  shall  be  a  lien 
upon  the  vessel,  but  a  bond  may,  as  provided  in  other 
cases,  be  given  to  secure  the  satisfaction  of  the  judgment. 

All  gunpowder,  nitro-glycerine,  camphene.  naphtha.  R-  s.,  4475. 
benzine,  benzole,  coal-oil,  crude  or  refined  petroleum,  oil 
of  vitriol,  nitric  or  other  chemical  acidg,  oil  or  spirits  of 
turpentine,  friction-matches,  and  all  other  articles  of  like 
character,  when  packed  or  put  up  for  shipment,  shall  be 
securely  packed  and  put  up  separately  from  each  other 
and  from  all  other  articles;  and  the  package,  box,  cask. 
or  other  vessel  containing  the  same  shall  be  distinctly 
marked  on  the  outside,  with  the  name  or  description  of 
the  article  contained  therein. 

It  shall  be  unlawful  to  transport,  carry,  or  convey,  ^ar.  4,  1909. 
liquid  nitroglycerin,  fulminate  in  bulk  in  dry  condition.   ^^^-  ^^^* 
or  other  like  explosive,  between  a  place  in  a  foreign  coun- 
try and  a  place  within  or  subject  to  the  jurisdiction  of  the 
L'nited  States,  or  between  a  place  in  one  State,  Territory, 
or  District  of  the  United  States,  or  place  noncontiguous 
to  but  subject  to  the  jurisdiction  thereof,  and  a  place  in 
any  other  State,  Tej:ritory,  or  District   of  the  United 
States,  or  place  noncontiguous  to  but  subject  to  the  juris- 
diction thereof,  on  any  vessel  or  vehicle  of  any  descrip-    - 
tion  operated  by  a  common  carrier  in  the  transportation 
of  passengers  or  articles  of  commerce  by  land  or  water. 

Every  person  who  packs  or  puts  up,  or  causes  to  be  R-  S-,  4476. 
packed  or  put  up  for  shipment,  any  gunpowder,  nitro- 
glycerine, camphene,  naphtha,  benzine,  benzole,  coal-oil, 
crude  or  refined  petroleum,  oil  of  vitriol,  nitric  or  other 
chemical    acids,    oil   or   spirits   of   turpentine,    friction- 

9G694°— 11 9 


130  KAVIGATION   LAWS   OF   THE   UNITED   STATES. 

matches,  or  other  articles  of  like  character  otherwise  than 
as  directed  by  the  preceding  section,  or  who  laiowingly 
ships  or  attempts  to  ship  the  same,  or  delivers  the  same 
to  any  such  vessels  as  stores  miless  duly  packed  and 
marked,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
punished  by  a  fine  not  exceeding  two  thousand  dollars,  or 
imprisonment  not  exceeding  eighteen  months,  or  both; 
one-half  of  the  fine  to  go  to  "the  informer,  and  the  articles 
to  be  liable  to  seizure  and  forfeiture. 
Mar.  4,  1909.  Every  package  containing  explosives  or  other  danger- 
Sec.  235.  (^^ig  articles  when  presented  to  a  common  carrier  for  ship- 
535X5354^  ^ '  i^^ent  shall  have  plainly  mra'ked  on  the  outside  thereof 
the  contents  thereof;  and  it  shall  be  unlawful  for  any 
person  to  deliver,  or  cause  to  be  delivered,  to  any  com- 
mon carrier  engaged  in  interstate  or  foreign  commerce  by 
land  or  water,  for  interstate  or  foreign  transportation,  or 
to  carry  upon  any  vessel  or  vehicle  engaged  in  interstate 
or  foreign  transportation,  any  explosive,  or  other  dan- 
gerous article,  under  any  false  or  deceptive  marking,  de- 
scription, invoice,  shipping  order,  or  other  declaration, 
or  without  informing  the  agent  of  such  carrier  of  the 
true  character  thereof,  at  or  before  the  time  such  delivery 
or  carriage  is  made.  "Wlioever  shall  knowingly  violate, 
or  cause  to  be  violated,  any  provision  of  this  section,  or 
of  the  three  sections  last  preceding,  or  any  regulation 
made  by  the  Interstate  Commerce  Commission  in  pursu- 
ance thereof,  shall  be  fined  not  more  than  two  thousand 
dollars,  or  imprisoned  not  more  than  eighteen  months,  or 
both. 
Sec.  236.  When  the  death  or  bodily  inj\uy  of  any  person   is 

caused  by  the  explosion  of  any  article  named  in  the  four 
sections  last  preceding,  while  the  same  is  being  placed 
upon  any  vessel  or  vehicle  to  be  transported  in  violation 
thereof,  or  while  the  same  is  being  so  transported,  or 
while  the  same  is  being  removed  from  such  vessel  or 
vehicle,  ihe  person  kRowingly  placing,  or  aiding  or  per- 
mitting the  placing,  of  such  articles  upon  any  such  vessel 
or  vehicle,  to  be  so  transported,  shall  be  imprisoned  not 
more  than  ten  years. 
Mar.  4,  1909.  It  shall  be  unlawful  to  transport,  carry,  or  convey,  any 
Sec.  232.  dynamite,  gTinpowder,  or  other  explosive,  between  a  place 
in  a  foreign  country  and  a  place  within  or  subject  to  the 
jurisdiction  of  the  United  States,  or  between  a  place  in 
any  State,  Territory,  or  District  of  the  United  States, 
or  place  noncontiguous  to  but  subject  to  the  jurisdic- 
tion thereof,  and  a  place  in  any  other  State,  Territory, 
or  District  of  the  United  States,  or  place  noncontiguous 
to  but  subject  to  the  jurisdiction  thereof,  on  any  vessel 
or  vehicle  of  am^  description  operated  by  a  common  car- 
rier, which  vessel  or  vehicle  is  carrying  passengers  for 
hire:  Provided^  That  it  shall  be  lawful  to  transport  on 
any  such  vessel  or  vehicle  small  arms  ammunition  in  any 


PART   VIII. INSPECTION    OF    STEAM   VESSELS,  131 

quantity,  and  such  fuses,  torpedoes,  rockets,  or  other  sig- 
nal devices,  as  may  be  essential  to  promote  safety  in  oper- 
ation, and  properly  packed  and  marked  samples  of 
explosives  for  laboratory  examination,  not  exceeding  a 
net  weight  of  one -half  pound  each,  and  not  exceeding 
twenty  samples  at  one  time  in  a  single  vessel  or  vehicle ; 
but  such  samples  shall  not  be  carried  in  that  part  of 
a  vessel  or  vehicle  which  is  intended  for  the  transporta- 
tion of  passengers  for  hire  :  Provided  further^  That  noth- 
ing in  this  section  shall  be  construed  to  prevent  the  trans- 
portation of  military  or  naval  forces  wdth  their  accom- 
panying munitions  of  war  on  passenger  equipment  ves- 
sels or  vehicles. 

The  Interstate  Commerce  Commission  shall  formulate  see.  233. 
regulations  for  the  safe  transportation  of  explosives,  sssT^  ^  ^'  " 
which  shall  be  binding  upon  all  common  carriers  engaged 
in  interstate  or  foreign  commerce  which  transport  ex- 
plosives by  land.  Said  commission,  of  its  own  motion, 
or  upon  application  made  by  any  interested  party,  may 
make  changes  or  modifications  in  such  regulations,  made 
desirable  by  new  information  or  altered  conditions. 
Such  regulations  shall  be  in  accord  with  the  best  known 
practicable  means  for  securing  safety  in  transit,  covering 
the  packing,  marking,  loading,  handling  while  in  transit, 
and  the  precautions  necessary  to  determine  whether  the 
material  when  offered  is  in  proper  condition  to  transport. 
Such  regulations,  as  well  as  all  changes  or  modifications 
thereof,  shall  take  effect  ninety  days  after  their  formula- 
tion and  publication  by  said  commission  and  shall  be  in 
effect  until  reversed,  set  aside,  or  modified. 

It  shall  not  be  lawful  to  transport,  carry,  or  convey,  R.  s.,  4278. 
ship,  deliver  on  board,  or  cause  to  be  delivered  on  board, 
the  substance  or  article  known  or  designated  as  nitro- 
glycerine, or  glynoin  oil,  nitroleum  or  blasting  oil,  or 
nitrated  oil,  or  powder  mixed  with  any  such  oil,  or  fiber 
saturated  with  any  such  article,  or  substance,  upon  or  in 
any  vessel  or  vehicle  used  or  employed  in  transporting 
passengers  by  land  or  water  betAveen  a  place  in  any  for- 
eign country  and  a  place  within  the  limits  of  any  State, 
Territory,  or  district  of  the  United  States,  or  between  a 
place  in  one  State,  Territory,  or  district  of  the  United 
States,  and  a  place  in  any  other  State,  Territory,  or  dis- 
trict thereof. 

It  shall  not  be  lawful  to  ship,  send,  or  forward  any  R.s.,4279. 
quantity  of  the  substances  or  articles  named  in  the  preced- 
ing section,  or  to  transport,  convey,  or  carry  the  same  by 
a  vessel  or  vehicle  of  any  description,  upon  land  or 
w^ater,  between  a.  place  in  a  foreign  country  and  a  place 
within  the  United  States,  or  between  a  place  in  one  State, 
Territory,  or  district  of  the  United  States,  and  a  place  in 
any  other  State,  Territory,  or  district  thereof,  unless  the 
same  shall  be  securely  enclosed,  deposited,  or  packed  m  a 


132  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

metallic  vessel  surrounded  b}^  plaster  of  Paris,  or  other 
material  that  will  be  non-explosive  when  saturated  v;ith 
such  oil  or  substance,  and  separate  from  all  other  sub- 
stances, and  the  outside  of  the  package  containing  the 
same  be  marked,  printed,  or  labeled  in  a  conspicuous  man- 
ner with  the  words  "  Nitro-giycerine,  dangerous." 

R.  s.,  4280.  The  two  preceding  sections  shall  not  be  so  construed  as 

to  prevent  any  State,  Territory,  district,  city,  or  town 
within  the  United  States  from  regulating  or  from  prohib- 
iting the  traffic  in  or  transportation  of  those  substances, 
between  persons  or  places  lying  or  being  within  their  re- 
spective territorial  limits,  or  from  prohibiting  the  intro- 
duction thereof  into  such  Imiits,  for  sale,  use,  or  con- 
sumption therein. 
139.    Carriage  of  passengers. 

R.  s.,  4464.  The  inspectors  shall  state  in  every  certificate  of  inspec- 
tion granted  to  steamers  carrying  passengers,  other  than 
ferry'-boats,  the  number  of  passengers  of  each  class  that 
any  such  steamer  has  accommodations  for,  and  can  carry 
with  prudence  and  safety. 

R.  s.,  4465.  It  shall  not  be  lawful  to  take  on  board  of  any  steamer  a 

greater  number  of  passengers  than  is  stated  in  the  certifi- 
cate of  inspection ;  and  for  every  violation  of  this  provi- 
sion the  master  or  owner  shairbe  liable,  to  any  person 
suing  for  the  sam.e,  to  forfeit  the  amount  of  passage- 
money  and  ten  dollars  for  each  passenger  beyond  the 
number  allowed. 

July  9,  1886.      Aiiv  stcaiii  vesscl  engaged  in  the  business  of  towing  ves- 

Feb.  23, 1901.  p^j^^^  rafts,  or  water  craft  of  any  kind,  also  steam  vessels 
engaged  in  oyster  dredging  and  planting,  and  fishing 
ste'amers  engaged  in  food  fishing  on  the  Great  Lakes  and 
all  other  inland  waters  of  the  United  States,  and  not  carry- 
ing iDassengers,  may  be  authorized  and  licensed  by  the 
supervising  inspector  of  the  district  in  which  said  steamer 
shall  be  eniployed  to  carry  on  board  such  number  of  per- 
sons, in  addition  to  its  crew,  as  the  supervising  inspector, 
in  his  judgment,  shall  deem  necessary  to  carry  on  the 
legitimate  ^business  of  such  towing,  oyster  and  fishing 
steamers,  not  exceeding,  however,  one  person  to  every 
net  ton  of  measurement  of  said  steamers:  Provided,  hovj- 
eve7\  That  the  person  so  allowed  to  be  carried  shall  not 
be  carried  for  hire. 

July  9,  18SC).      Every  steam- vessel  licensed  under  the  foregoing  section 
se^--  shall  carry  and  have  on  board,  in  accessible  places,  one 

life-preserver  for  every  person  allowed  to  be  carried,  in 
addition  to  those  provided  for  the  crew  of  such  vessel. 

R.  s.,  4460.  If  any  passenger-steamer  engages  in  excursions,  the 
inspectors  shall  issue  to  such  steamer  a  special  permit,  in 
writing,  for  the  occasion,  in  which  shall  be  stated  the 
additional  number  of  passengers  that  may  be  carried,  and 
the  number  and  kind  of  life-saving  appliances  that  shall 


PART   VIII. INSPECTION    OF    STEAM   VESSELS.  133 

be  provided  for  the  safety  of  such  additional  passengers ; 
and  they  shall  also,  in  their  discretion,  limit  the  route  and 
distance  for  such  excursions. 

The  master  of  every  passenger  steamer  shall  keep  a  ^-  s.,  4467. 
correct  count  of  all  the  passengers  received  and  delivered  ^^^J  ^^'  ^^^^• 
from  day  to  day,  which  count  shall  be  open  to  the  inspec- 
tion of  the  inspectors  and  officers  of  the  customs  at  all 
times,  and  the  aggregate  number  of  passengers  shall  be 
furnished  to  inspectors  as  often  as  called  for:  Provided^ 
howevei^  That  a  correct  list  of  passengers  received  and 
delivered  from  day  to  day  shall  be  kept,  instead  of  a  cor- 
rect count,  by  the  masters  of  seagoing  passenger  steamers 
in  the  coastwise  trade  and  by  the  masters  of  passenger 
steamers  on  the  Great  Lakes  on  routes  exceeding  three 
hundred  miles :  Provided  further^ That  nothing  herein  shall 
affect  existing  laws  relative  to  vessels  running  between 
this  country  and  foreign  ports. 

Every   master   of   any   passenger   steamer   who   fails,  ^^^^'^g^^^Qg 
through  negligence  or  design,  to  keep  a  count  or  list  of   gJJ.^  ^  ' 
passengers  "as  Required  by  the  preceding  section  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 

The  penalties  imposed  by  sections  forty-four  hunclred  ^'  S-,  4469. 
and   sixty-five   and   forty-four  hundred   and  sixty-eight 
shall  be  a  lien  upon  the  vessel  in  each  case;  but  a  bond 
may,  as  provided  in  other  cases,  be  given  to  secure  the 
satisfaction  of  the  judgment. 
140.   Certificate  of  inspection. 

When  the  inspection  of  a  steam  vessel  is  completed  and  ^^^^^^i^Yooe 
the  inspectors  approve  the  vessel  and  her  equipment  june  25,' loio! 
throughout,  they  shall  make  and  subscribe  a  certificate 
to  the'  collector  or  other  chief  officer  of  the  customs  of 
the  district  in  which  such  inspection  has  been  made,  in 
accordance  with  the  form  and  regulations  prescribed  by 
the  board  of  supervising  inspectors.  Such  certificate 
shall  be  verified  by  the  oaths  of  inspectors  signing  it, 
before  the  chief  officer  of  the  customs  of  the  district  or 
any  other  person  competent  by  law  to  administer  oaths. 
If 'the  inspectoi^s  refuse  to  grant  a  certificate  of  approval, 
they  shall  make  a  statement  in  writing,  and  sign  the 
same,  giving  the  reasons  for  their  disapproval.  Upon 
such  inspection  and  approval  the  inspectors  shall  also 
make  and  subscribe  a  temporary  certificate,  which  shall 
set  forth  substantiallv  the  fact  of  such  inspection  and 
approval,  and  shall  deliver  the  same  to  the  master  or 
owner  of  the  vessel,  and  shall  keep  a  copy  thereof  on  file 
in  their  office.  The  said  temporary  certificate  shall  be 
carried  and  exposed  by  vessels  in  the  same  manner  as 
is  provided  in  section  ^forty-four  hundred  and  twenty- 
three  for  copies  of  the  regular  certificate,  and  the  form 
thereof  and  the  period  during  which  it  is  to  be  in  force 
shall  be  as  prescribed  by  the  board  of  supervising  mspect- 


134  NAVIGATIOX   LAWS   OF    THE   UNITED   STATES. 

ors,  or  the  executive  committee  thereof,  as  provided  in 
section  forty-four  hundred  and  five.  And  sucli  tempo- 
rary certificate,  during  such  period  and  prior  to  the  de- 
livery to  the  master  or  owner  of  the  copies  of  tlie  regular 
certificate,  shall  take  the  place  of,  and  be  a  substitute  for, 
such  copies  of  the  regular  certificate  of  inspection,  as 
required  by  sections  forty-four  hundred  and  twenty- 
three,  forty- four  hundred  and  twenty- four,  and  forty- 
four  hundred  and  twenty-six,  and  for  the  purposes  of 
said  sections,  and  shall  also,  during  such  period,  be  a  sub- 
stitute for  the  regular  certificate  of  inspection,  as  re- 
quired by  section  forty-four  hundred  and  ninety-eight, 
and  for  the  purposes  of  said  section  until  such  regular 
certificate  of  inspection  has  been  filed  with  the  collector 
or  other  chief  officer  of  customs.  Such  temporary  certifi- 
cate shall  also  be  subject  to  revocation  in  the  manner  and 
under  the  conditions  provided  in  section  forty- four  hun- 
dred and  'fifty-three.  Xo  vessel  required  to  be  inspected 
under  the  provisions  of  this  title  shall  be  navigated  with- 
out having  on  board  an  unexpired  regular  certificate  of 
inspection  or  such  temporar^^  certificate:  Provided^  how- 
€'cei\  That  any  sucli  vessel,  operated  upon  a  regularly 
established  line  from  a  port  of  the  United  States  to  a  port 
of  a  foreign  country  not  contiguous  to  the  United  States, 
whose  certificate  of  inspection  expires  at  sea.  or  Avhile 
said  vessel  is  in  a  foreign  port  or  a  port  of  the  Philippine 
Islands  or  Hawaii,  may  lawfull}^  complete  her  voyage 
without  the  regiilar  certificate  of  inspection  or  the  tem- 
porary certificate  required  by  this  section,  and  no  liability 
for  penalties  imposed  by  this  title  for  want  of  such  cer- 
tificate shall  be  incurred  until  her  voyage  shall  have  been 
completed:  Provided^  That  said  voyage  shall  be  so  com- 
pleted within  thirty  days  after  the  expiration  of  said 
certificate  or  temporar}'  certificate:  Provided  further^ 
That  no  such  vessel  whose  certificate  of  inspection  shall 
expire  within  fifteen  days  of  the  date  of  her  sailing  shall 
proceed  upon  her  voyage  to  such  port  of  a  foreign  country- 
not  contiguous  to  the  United  States  without  first  having 
procured  a  new  certificate  of  inspection  or  the  temporar}^ 
certificate  required  by  this  section. 
R.  s.,  4423._  Every  collector  or  other  chief  officer  of  the  customs 
SeT  8^'  ^^^^  shall  retain  on  file  all  original  certificates  of  the  inspectors 
required  to  be  delivered  to  him,  and  shall  give  to  the  mas- 
ter or  owner  of  the  vessel  therein  named  three  certified 
copies  thereof,  two  of  which  shall  be  placed  by  such  mas- 
ter or  owner  in  conspicuous  places  in  the  vessel  where  they 
will  be  most  likely  to  be  observed  by  passengers  and 
others,  and  there  kept  at  all  times,  framed  under  glass, 
and  the  other  shall  be  retained  by  such  master  or  owner 
as  evidence  of  the  authority  thereby  conferred:  Provided^ 
however^  That  where  it  is  not  practicable  to  so  expose  said 
copies  they  shall  be  carried  in  the  vessel  in  such  manner 


PART   VIII. INSPECTION   OF    STEAM   VESSELS.  135 

as  shall  be  prescribed  by  the  regulations  established  by 
the  board  of  supervising^  inspectors  with  the  approval  of 
the  Secretary  of  Commerce  and  Labor. 

Whenever  any  passenger  is  received  on  board  any  steam-  R-  s.,  4424. 
vessel  not  having  the  certified  copies  of  the  certificate  of 
approval  placed^md  kept  as  required  by  this  Title  [R.  S., 
4399-4500],  or  whenever  any  passenger  steam-A^essel  re- 
ceives or  carries  any  gunpowder  on  board,  not  having  a 
certificate  authorizing  the  same,  and  a  certified  copy 
thereof  placed  and  kept  as  required,  or  shall  carry  any 
gunpowder  at  a  place  or  in  a  manner  not  authorized  by 
such  certificate,  such  steam.-vessel  shall  be  liable  to  a 
penalty  of  one  hundred  dollars  for  each  offense. 

141.  ExMbit  of  laws. 

Every  master,  or  commander  of  any  steam-vessel  carry-    ^-  S-'  ^^^^• 
ing  passengers  shall  keep  on  board  of  such  vessel  at  least 
two  copies  of  the  provisions  of  this  Title  [R.  S..  4399- 
4500],  to  be  furnished  to  him  by  the  Secretary  of  Com-   ^^^•^^^'  ^^^^• 
merce  and  Labor,  and  if  the  master  or  commander  neglects     ^^' 
or  refuses  to  do  so,  or  shall  unreasonably  refuse  to  exhibit 
a  copy  of  the  same  to  any  passenger  who  asks  for  it,  he 
shall  be  liable  to  a  penalty  of  twenty  dollars. 

142.  Inspectors  and  oflacers  of  steam-vessels. 

Each  supervising  inspector  shall  watch  over  all  parts  of  R-  s.,  4406. 
the  territory  assigned  to  him,  shall  visit,  confer  with,  and 
examine  into  the  doings  of  the  local  boards  of  inspectors 
within  his  district,  and  shall  instruct  them  in  the  proper 
performance  of  their  duties;  and  shall,  whenever  he  thinks 
it  expedient,  visit  any  vessels  licensed,  and  examine  into 
their  condition,  for  the  purpose  of  ascertaining  whether 
the  provisions  of  this  Title  [R.  S.,  4399^500]  have  been  . 
observed,  and  complied  with,  both  by  the  board  of  inspect- 
ors and  the  master  and  owners.  All  masters,  engineers, 
mates,  and  pilots  of  such  vessels  shall  answer  all  reason- 
able inquiries,  and  shall  give  all  the  information  in  their 
power  in  regard  to  any  such  vessel  so  visited,  and  her 
machinery  for  steaming,  and  the  mamier  of  managing 
both. 

Whenever  a  supervising  inspector  ascertains  to  his  sat- 
isfaction that  any  master,  mate,  engineer,  pilot,  or  owner 
of  any  steam- vessel  fails  to  perform  his  duties  accordmg 
to  the  provisions  of  this  Title  [R.  S.,  4399-4500],  he  shall 
report  the  facts  in  writing  to  the  board  of  local  inspectors 
in  the  district  where  the  vessel  was  inspected  or  belongs; 
and,  if  need  be,  he  shall  cause  the  negligent  or  offending 
party  to  be  prosecuted ;  and  if  the  supervising  inspector 
has  good  reason  to  believe  there  has  been,  through  negli- 
gence or  any  other  cause,  a  failure  of  the  board  which 
inspected  the  vessel  to  do  its  duty,  he  shall  report  the  facts 


R.  S.,  4407. 


136  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

Feb.  14,  1903.  in  writing  to  the  Secretary  of  Commerce  and  Labor  who 
Sec.  10.  shall  cause  immediate  investigation  into  the  truth  of  the 

complaint,  and,  if  he  deems  the  cause  sufficient,  shall 
remove  any  officer  found  delinquent. 
R.  s.,  4447.  When  any  licensed  officer  is  employed  on  a  steamer  in  a 
district  distant  from  any  local  board  of  inspectors,  such 
inspectors,  or  the  supervising  inspector  of  the  district, 
may  grant  a  renewal  of  his  license,  without  such  licensed 
officer  being  personally  present,  under  such  regulations  as 
the  board  of  supervising  inspectors  shall  prescribe. 
R.  s.,  4448.  All  officers  licensed  under  the  provisions  of  this  Title 
[R.  S.,  4399-4500]  shall  assist  the  inspectors  in  their  ex- 
amination of  an}''  vessel  to  which  such  licensed  officers 
belong,  and  shall  point  out  all  defects  and  imperfections 
known  to  them  in  the  hull,  equipments,  boilers,  or  ma- 
chinery of  such  vessel,  and  also  shall  make  known  to  the 
inspectors,  at  the  earliest  opportunity,  all  accidents  or 
occurrences  producing  serious  injury  to  the  vessel,  her 
boilers,  her  machinery ;  and  in  default  thereof  the  license 
of  any  such  officer  so  neglecting  or  refusing  shall  be 
revoked. 
R.  s.,  4449.  If  any  licensed  officer  shall,  to  the  hindrance  of  com- 
Mar.  3,  1905.  j^-,ej-ce,  wrougfully  or  unreasonably  refuse  to  serve  in  his 
official  capacity  on  any  vessel  as  authorized  by  the  terms 
of  his  certificate  of  license,  or  shall  fail  to  deliver  to  the 
applicant  for  such  service  at  the  time  of  such  refusal,  if 
the  same  shall  be  demanded,  a  statement  in  writing  as- 
signing good  and  sufficient  reasons  therefor,  or  if  any 
pilot  or  engineer  shall  refuse  to  admit  into  the  pilot  house 
or  engine  room  any  person  whom  the  master  or  owner  of 
the  vessel  may  desire  to  place  there  for  the  purpose  of 
learning  the  profession,  his  license  shall  be  revoked  or 
suspended  upon  the  same  proceedings  as  are  provided  in 
other  cases  of  revocation  or  suspension  of  such  licenses. 

The  local  boards  of  inspectors  shall  investigate  all  acts 
of  incompetency  or  misconduct  committed  by  any  licensed 
officer  while  acting  under  the  authority  of  his  license,  and 
shall  have  power  to  summon  before  them  any  witnesses 
within  their  respective  districts,  and  compel  their  attend- 
ance by  a  similar  process  as  in  the  United  States  circuit  or 
district  courts;  and  they  may  administer  all  necessary 
oaths  to  any  witnesses  thus  summoned  before  them;  and 
after  reasonable  notice  in  writing,  given  to  the  alleged 
delinquent,  of  the  time  and  place  of  such  investigation, 
such  witnesses  shall  be  examined,  under  oath,  touching 
the  performance  of  his  duties  by  any  such  licensed  officer : 
and  if  the  board  shall  be  satisfied  that  such  licensed  officer 
is  incompetent,  or  has  been  guilty  of  misbehavior,  negli- 
gence, or  unskillfulness,  or  has  endangered  life,  or  will- 
fully violated  any  provision  of  this  Title  [R.  S.,  4399- 
4500],  they  shall  immediately  suspend  or  revoke  his 
license. 


R.  S.,  4450. 


PART   VIII. INSPECTION    OF    STEAM   VESSELS.  137 

143.  Liability  for  daniag-e. 

Wlienever  damage  is  sustained  by  any  passenger,  or  his  ^*-  ^•'  4*®2- 
baggage,  from  explosion,  fire,  collision,  or  other  cause,  the 
master  and  the  owner  of  such  vessel,  or  either  of  them, 
and  the  vessel  shall  be  liable  to  each  and  every  person  so 
injured,  to  the  full  amount  of  damage,  if  it  happens 
through  anv  nesflect,  or  failure  to  complv  with  the  pro- 
visions of  this  Title  [R.  S.,  4399-4500] ,  or*^through  known 
defects,  or  imperfections  of  the  steam  apparatus  or  of 
the  hull;  and  any  person  sustaining  loss,  or  injury 
tlirough  the  carelessness,  negligence,  or  willful  miscon- 
duct of  any  m'aster,  mate,  engineer,  or  pilot,  or  his 
neglect  or  refusal  to  obey  the  laws  governing  the  naviga- 
tion of  such  steamers,  may  sue  such  master,  mate,  engi- 
neer, or  pilot,  and  recover  damages  for  any  such  injury 
caused  by  any  such  master,  mate,  engineer,  or  pilot. 

144.  Enforcement  and  penalty. 

All  collectors,  or  other  chief  officers  of  the  customs  and   ^^-  S' ^^^^• 
all  inspectors  within  the  several  districts,  shall  enforce 
the.  provisions  of  this  Title   [Pv.  S.,  4399-4500]   against 
all  steamers  arriving  and  departing. 

Every  collector,  or  other  chief  officer  of  the  customs,  or  R.  s.,  4497. 
inspector,  who  negligently,   or  intentionally   omits   any 
duty  under  the  pi-eceding  section,  shall  be  liable  to  re- 
moval from  office,  and  to  a  penalty  of  one  hundred  dol- 
lars for  each  offense,  to  be  sued  for  in  an  action  of  debt. 

If  any  vessel  propelled  in  whole  or  in  part  by  steam  be  J;^^;'  3^  1905. 
navigated  without  complying  with  the  terms  of  this  title  see.  4. ' 
[E.  §.,  4399-4500],  the  owner  shall  be  liable  to  the  United 
States  in  a  penalty  of  five  hundred  dollars  for  each 
offense,  one-half  for  the  use  of  the  informer,  for  Avhich 
sum  the  vessel  so  navigated  shall  be  liable,  and  may  be 
seized  and  proceeded  against  by  way  of  libel  in  any  dis- 
trict court  of  the  United  States  having  jurisdiction  of  the 
offense.  Persons  or  corporations  chartering  or  engaoing 
or  contracting  for  the  use  of  vessels  subject  to  this  title, 
under  such  terms  and  conditions  that  they  have  full  and 
exclusive  control  of  the  management  and  operation  of 
such  vessels,  shall  be  subject  to  the  same  penalties  for 
violations  of  the  provisions  of  this  title  [R.  S.,  4399^500] 
as  are  now  imposed  upon  owners  of  vessels  thereunder, 
and  in  such  cases  the  owmers  shall  not  be  liable  to  such 
penalties  for  such  violations  by  such  charterers  or  con- 
tractors. 

The  penalty  for  the  violation  of  any  provisions  of  this  R.  s.,  4500. 
Title  [R.  S.,  4399-4500] ,  not  otherwise  specially  provided 
for,  shall  be  a  fine  of  five  hundred  dollars,  recoverable 
one-half  for  the  use  of  the  informer. 


Part  IX.— PASSENGEK  ACT  OF  1882. 


145.  Accommodations.  J  151.  Explosives;  cattle. 

146.  Light  and  air.  152.  Boarding  vessel;  passenger  list. 

147.  Provisions.  153.  Death  of  passenger. 

148.  Medical  attendance.  154.  Inspection. 

149.  Discipline  and  cleanliness.  155.  Penalties. 

150.  Privacy  of  passengers. 

145.  Accomniodations. 
Aug.  2,  1882.  It  shall  not  be  lav^^ful  for  the  master  of  any  vessel 
Dec.  19, 1908.  ^vhereon  steerage  passengers  have  been  taken  at  any  port 
or  place  in  a  foreign  country  or  dominion  (ports  and 
places  in  foreign  territory  contiguous  to  the  United  States 
excepted)  to  bring  such  vessel  and  passengers  to  or  take 
from  any  port  or  place  in  the  United  States  unless  the 
compartments,  spaces,  and  accommodations  hereinafter 
mentioned  have  been  provided,  allotted,  maintained,  and 
used  for  and  by  such  passengers  during  the  entire  voyage, 
unobstructed  by  cargo,  stores,  or  goods.  The  master  of  a 
vessel  coming  to  a  port  or  place  in  the  United  States  in 
violation  of  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor ;  and  if  the  number  of 
steerage  passengers  carried  or  brought  in  the  vessel,  or  in 
any  compartment,  space,  poop,  or  deck  house  thereof,  is 
greater  than  the  number  allov^^ed  to  be  carried  or  brought 
therein,  respectively,  as  hereinafter  prescribed,  the  said 
master  shall  be  fined  fift}^  dollars  for  each  and  every  such 
passenger  in  excess  of  the  proper  number,  and  may  also 
be  imprisoned  not  exceeding  six  months. 

In  computing  the  number  of  passengers  carried  or 
brought  in  any  vessel,  children  under  one  year  of  age 
shall  not  be  included,  and  two  children  betv^^een  one  and 
eight  3^ears  of  age  shall  be  counted  as  one  passenger ;  and 
any  person  brought  in  such  vessel  who  shall  have  been, 
during  the  voyage,  taken  from  any  other  vessel  wrecked 
or  in  distress  on  the  high  seas,  or  have  been  picked  up  at 
sea  from  any  boat,  raft,  or  otherwise,  shall  not  be  included 
in  such  computation. 

Second.  The  expression  "  steerage  passenger  "  means  all 
passengers  except  cabin  passengers,  and  persons  shall  not 
138 


PART  IX. PASSENGER   ACT   OF   1882.  139 

be  deemed  cabin  passengers  unless  the  space  allotted  to 
their  exclusive  use  is  in  the  proportion  of  at  least  thirty- 
six  clear  superficial  feet  to  each  passenger. 

Third.  The  expression  "  lowest  passenger  deck  "  means 
the  deck  next  below  the  water  line;  and  the  expression 
"  passenger  deck  "  includes  every  deck  or  portion  of  a  deck 
which  is  above  the  lowest  passenger  deck,  and  is  appro- 
priated for  passengers. 

Fourth.  A  vessel  shall  not  carry  passengers,  whether 
cabin  or  steerage  passengers,  on  more  than  one  deck  below 
the  water  line. 

Fifth.  The  height  between  that  part  of  any  deck  on 
which  steerage  passengers  are  carried  and  the  deck  imme- 
diately above  it  shall  not  be  less  than  six  feet. 

Sixth.  No  steerage  passengers  shall  be  carried  on  the 
lowest  passenger  deck  unless  it  is  efficiently  lighted  by 
side  scuttles  and  otherwise  to  the  satisfaction  of  the 
insjDector. 

Seventh.  No  greater  number  of  steerage  passengers 
shall  be  carried  on  the  lowest  passenger  deck  than  in  the 
proportion  of  one  steerage  passenger  to  every  twenty-one 
clear  superficial  feet  allotted  to  their  use.  If,  however, 
the  height  between  the  lowest  passenger  deck  and  the 
deck  immediately  above  it  is  less  than  seven  feet,  and  the 
apertures,  exclusive  of  side  scuttles,  throuo-h  which  light 
and  air  are  admitted  are  less  in  size  than  in  the  propor- 
tion of  three  square  feet  to  every  one  hundred  superficial 
feet  of  that  deck,  no  greater  number  of  steerage  pas- 
sengers shall  be  carried  on  that  deck  than  in  the  pro- 
portion of  one  steerage  passenger  to  every  thirty  clear 
superficial  feet  thereof,  subject  to  the  allowance  for  meas- 
urement of  public  rooms,  lavatories,  and  bath  rooms,  if 
any,  provided  for  by  paragraph  ten. 

Eighth.  No  greater  number  of  steerage  passengers  may 
be  carried  on  a  passenger  deck  than  in  the  proportion  of 
one  steerage  passenger  to  every  eighteen  clear  superficial 
feet  of  deck  allotted  to  their  use.,  subject  to  the  allowance 
for  measurement  of  public  rooms,  lavatories,  and  bath 
rooms,  if  any,  provided  for  by  paragraph  ten.  If,  how- 
ever, the  height  between  any  passenger  deck  and  the  deck 
immediately  above  it  be  less  than  seven  feet,  no  greater 
number  of  steerage  passengers  may  be  carried  on  that 
deck  than  in  the  proportion  of  one  steerage  passenger  to 
every  twenty-one  clear  superficial  feet  thereof,  subject  to 
the  allowance  for  measurement  of  public  rooms,  lavatories, 
and  bath  rooms,  if  any,  provided  for  by  paragraph  ten. 

Ninth.  A  vessel,  whatever  be  the  superficial  space  of 
the  passenger  decks  and  of  the  lowest  passenger  deck, 
shall  not  carry  a  greater  number  of  steerage  passengers 
on  the  whole  than  in  the  proportion  of  one  steerage  pas- 
senger to  every  five  superficial  feet  of  air  or  promenade 
space  provided  on  a  deck  so  open  as  not  to  be  included  in 


140  NAVIGATION    LAWS    OF    THE    UNITED    STATES. 

the  tonnage  and  approved  by  the  inspector,  and  this 
space  shall  not  be  counted  or  included  in  the  area  avail- 
able for  any  other  passengers,  or  in  other  areas  for  steer- 
age passengers  prescribed  by  this  section. 

Tenth.  In  the  measurement  of  the  passenger  decks  and 
of  the  lowest  passenger  deck,  the  space  occupied  by  that 
part  of  the  personal  baggage  of  the  steerage  passengers 
which  the  inspector  permits  to  be  carried  there  shall  be 
included,  and  also,  on  whatever  deck  located,  commo- 
dious and  suitable  dining  rooms,  lounging  rooms,  smok- 
ing rooms,  lavatories,  toilet  rooms,  and  bath  rooms :  Pro- 
vided^ That. — 

(a)  The  space  in  any  place  appropriated  to  the  use  of 
steerage  passengers  in  which  they  sleep  shall  not  be  less 
than  eighteen  superficial  feet  in  the  case  of  the  lowest 
passenger  deck  and  fifteen  superficial  feet  in  the  case  of 
a  passenger  deck. 

(b)  Each  space  so  included  in  the  measurement  must 
be  clearly  marked  to  the  satisfaction  of  the  inspector  as 
being  exclusively  appropriated  for  the  use  of  the  steerage 
passengers. 

Eleventh.  Each  separate  compartment  in  which  steer- 
age passengers  are  berthed  shall  be  conspicuously  marked, 
showing  the  total  area  of  such  compartments. 
Aug.  jj,  1SS2.  In  every  such  steamship  or  other  vessel  there  shall  be  a 
sufficient  number  of  berths  for  the  proper  accommodation 
as  hereinafter  provided,  of  all  such  passengers.  There 
shall  not  be  on  any  deck  nor  in  any  comipartment  or  space 
occupied  by  such  passengers  more  than  two  tiers  of  berths. 
The  berths  shall  be  properly  constructed,  and  be  separated 
from  each  other  by  partitions,  as  berths  ordinarily  are 
separated,  and  each  berth  shall  be  at  least  two  feet  in 
width  and  six  feet  in  length;  and  the  interval  between 
the  floor  or  lowest  part  of  the  lower  tier  of  berths  and  the 
deck  beneath  them  shall  not  be  less  than  six  inches,  nor 
the  interval  between  each  tier  of  berths,  and  the  interval 
between  the  uppermost  tier  and  the  deck  above  it,  less 
than  two  feet  six  inches;  and  each  berth  shall  be  occupied 
by  not  more  than  one  passenger  over  eight  years  of  age ; 
but  double  berths  of  twice  the  "above-mentioned  width  may 
be  provided,  each  double  berth  to  be  occupied  by  no  more 
and  by  none  other  than  two  women,  or  by  one  woman  and 
two  children  under  the  age  of  eight  years,  or  bv  husband 
and  wife,  or  by  a  man  and  two  of  his  own  children  under 
the  age  of  eight  years,  or  by  two  men  personally  ac- 
quainted with  each  other.  All  the  male  passengers  up- 
wards of  fourteen  years  of  age  who  do  not  occupv  berths 
with  their  wives  shall  be  berthed  in  the  fore  part  of  the 
vessel,  m  a  compartment  divided  off  from  the  space  or 
spaces  appropriated  to  the  other  passengers  by  a  substan- 
tial and  well-secured  bulkhead;  and  unmarried  female 
passengers  shall  be  berthed  in  a  compartment  separated 


Sec.  2. 


PART   IX. PASSENGER  ACT    OF    1882.  141 

from  the  spaces  occupied  by  other  passengers  by  a  sub- 
stantial and  well-constructed  bulkhead,  the  opening  or 
communication  from  which  to  an  adjoining  passenger 
space  shall  be  so  constructed  that  it  can  be  closed  and  se- 
cured. Families,  however,  shall  not  be  separated  except 
with  their  consent.  Each  berth  shall  be  numbered  se- 
rially, on  the  outside  bertli-board,  according  to  the  num- 
ber of  passengers  that  may  lawfully  occupy  the  berth; 
and  the"  berths  occupied  by  such  passengers  shall  not  be 
removed  or  taken  down  until  the  expiration  of  twelve 
hours  from  the  time  of  entry,  unless  previously  inspected 
within  a  shorter  period.  For  any  violation  of  either  of 
the  provisions  of  this  section  the  master  of  the  vessel  shall 
be  liable  to  a  fine  of  five  dollars  for  each  passenger  car- 
ried or  brought  on  the  vessel. 
146.   Light  and  air. 

Every  such  steamship  or  other  vessel  shall  have  ade-  sec.  3. 
quate  provisions  for  affording  light  and  air  to  the  passen- 
ger-decks and  to  the  compartments  and  spaces  occupied  by 
such  passengers,  and  with  adequate  means  and  appliances 
for  ventilating  the  said  compartments  and  spaces.  To 
compartments  having  sufficient  space  for  fifty  or  more  of 
such  passengers  at  least  two  ventilators,  each  not  less  than 
twelve  inches  in  diameter,  shall  be  provided,  one  of  which 
ventilators  shall  be  inserted  in  the  forward  part  of  the 
compartment,  and  the  other  in  the  after  part  thereof,  and 
shall  be  so  constructed  as  to  ventilate  the  compartment; 
and  additional  ventilators  shall  be  provided  for  each 
compartment  in  the  proportion  of  two  ventilators  for  each 
additional  fifty  of  such  passengers  carried  or  brought  in 
the  compartment.  All  ventilators  shall  be  carried  at  least 
six  feet  above  the  uppermost  deck  of  the  vessel,  and  shall 
be  of  the  most  approved  form  and  construction.  In  any 
steamship  the  ventilating  apparatus  provided,  or  any 
metliod  of  ventilation  adopted  thereon,  which  has  been 
approved  by  the  proper  emigration  officers  at  the  port  or 
place  from  which  said  vessel  was  cleared,  shall  be  deemed 
a  compliance  with  the  foregoing  provisions;  and  in  all 
vessels  carrying  or  bringing  such  passengers  there  shall  be 
properly-constructed  hatchways  over  the  com.partments 
or  spaces  occupied  by  such  passengers,  which  hatchvs^ay 
shall  be  properly  covered  with  houses  or  booby  hatches, 
and  the  combings  or  sills  of  which  shall  rise  at  least  six 
inches  above  the  deck;  and  there  shall  be  proper  com- 
panion-ways or  ladders  from  each  hatchway  leading  to 
the  compartments  or  spaces  occupied  by  such  passengers; 
and  the  said  companion-ways  or  ladders  shall  be  securely 
constructed,  and  be  provided  with  hand-rails  or  strong 
rope,  and,  when  the  weather  will  permit,  such  passengers 
shall  have  the  use  of  each  hatchway  situated  over  the  com- 
partments or  spaces  appropriated  to  their  use;  and  ever^^ 
vessel  carrying  or  bringing  such  passengers  shall  have  a 


142  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

properly  located  and  constructed  caboose  and  cooking- 
range,  or  other  cooking  apparatus,  the  dimensions  and 
capacity  of  Avhich  shall  be  sufficient  to  provide  for  prop- 
erly cooking  and  preparing  the  food  of  all  such  passen- 
gers. In  every  vessel  carrying  or  bringing  such  passen- 
gers there  shall  be  at  least  two  water-closets  or  privies,  and 
an  additional  water-closet  or  privy  for  every  one  hundred 
male  passengers  on  board,  for  the  exclusive  use  of  such 
male  jDassengers,  and  an  additional  water-closet  or  privy 
for  every  fifty  female  passengers  on  board,  for  the  exclu- 
sive use  of  the  female  passengers  and  3'oung  children  on 
board.  The  aforesaid  water-closets  and  privies  shall  be 
properly  enclosed  and  located  on  each  side  of  the  vessel, 
and  shall  be  separated  from  passengers' spaces  by  substan- 
tial and  properly-constructed  partitions  or  bulkheads; 
and  the  water-closets  and  privies  shall  be  kept  and  main- 
tained in  a  serviceable  and  cleanly  condition  throughout 
the  voyage.  For  any  violation  of  either  of  the  provisions 
of  this  section,  or  for  any  neglect  to  conform  to  the  re- 
quirements thereof,  the  master  of  the  vessel  shall  be  liable 
to  a  penalty  not  exceeding  two  hundred  and  fifty  dollars. 

147.  Provisions. 

Sec.  4.  Xn  allowance  of  good,  wholesome,  and  proper  food, 

with  a  reasonable  quantity  of  fresh  provisions,  which  food 
shall  be  equal  in  value  to  one  and  a  half  navy  rations  of 
the  United  States,  and  of  fresh  water,  not  less  than  four 
quarts  per  clay,  shall  be  furnished  each  of  such  passengers. 
Three  meals  shall  be  served  daily,  at  regular  and  stated 
hours,  of  which  hours  sufficient  notice  shall  be  given.  If 
any  such  passengers  shall  at  any  time  during  the  voyage 
be  put  on  short  allowance  for  food  and  water,  the  master 
of  the  vessel  shall  pay  to  each  passenger  three  dollars  for 
each  and  every  day  the  passenger  may  have  been  put  on 
short  allowance,  except  in  case  of  accidents,  where  the 
captain  is  obliged  to  put  the  passengers  on  short  allow- 
•  ance.  Mothers  with  infants  and  young  children  shall  be 
furnished  the  necessary  quantity  of  wholesome  milk  or 
condensed  milk  for  the  sustenance  of  the  latter.  Tables 
and  seats  shall  be  provided  for  the  use  of  passengers  at 
regular  meals.  And  for  every  willful  violation  of  any  of 
the  provisions  of  this  section  the  master  of  the  vessel  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall  be  fined  not 
more  than  five  hundred  dollars,  and  be  imprisoned  for  a 
term  not  exceeding  six  months.  The  enforcement  of  this 
penalty,  however,  shall  not  affect  the  civil  responsibility 
of  the  master  and  ovmers  of  the  vessel  to  such  passengers 
as  may  have  suffered  from  any  negligence,  breach  of  con- 
tract, or  default  on  the  part  of  such  master  and  owners. 

148.  Medical  attendance. 

s®^-  ^'  In  every  such  steamship  or  other  vessel  there  shall  be 

properly  built  and  secured,  or  divided  off  from  other 


PART   IX. PASSENGER  ACT   OF   1882.  143 

spaces,  two  compartments  or  spaces  to  be  used  exclusively 
as  hospitals  for  such  passengers,  one  for  men  and  the 
other  for  women.  The  hospitals  shall  be  located  in  a  space 
not  below  the  deck  next  below  the  main  deck  of  the  vessel. 
The  hospital  spaces  shall  in  no  case  be  less  than  in  the 
proportion  of  eighteen  clear  superficial  feet  for  every  fifty 
such  passengers  who  are  carried  or  brought  on  the  vessel, 
and  such  hospitals  shall  be  supplied  with  proper  beds, 
bedding,  and  utensils,  and  be  kept  so  supplied  throughout 
the  Yojnge.  And  every  steamship  or  other  vessel  carry- 
ing or  bringing  emigrant  passengers,  or  passengers  other 
than  cabin  passengers,  exceeding  fifty  in  number,  shall 
carry  a  duly  qualified  and  competent  surgeon  or  medical 
practitioner,  wdio  shall  be  rated  as  such  in  the  ship's  arti- 
cles, and  who  shall  be  provided  with  surgical  instruments, 
medical  comforts,  and  medicines  proper  and  necessary  for 
diseases  and  accidents  incident  to  sea-voyages,  and  for  the 
proper  medical  treatment  of  such  passengers  during  the 
voyage,  and  with  such  articles  of  food  and  nourishment  as 
may  be  proper  and  necessary  for  preserving  the  health  of 
infants  and  young  children ;  and  the  services  of  such  sur- 
geon or  medical  practitioner  shall  be  promptly  given,  in 
any  case  of  sickness  or  disease,  to  any  of  the  passengers,  or 
to  any  infant  or  3'Oung  child  of  any  such  passengers,  who 
may  need  his  services.  For  a  violation  of  either  of  the 
provisions  of  this  section  the  master  of  the  vessel  shall  be 
liable  to  a  penalty  not  exceeding  two  hundred  and  fifty 
dollars. 
149.   Discipline  and  cleanliness. 

The  master  of  every  such  steamship  or  other  vessel  is  sec.  6. 
authorized  to  maintain  good  discipline  and  such  habits  of 
cleanliness  among  such  passengers  as  will  tend  to  the 
preservation  and  promotion  of  health,  and  to  that  end  he 
shall  cause  such  regulations  as  he  may  adopt  for  such  pur- 
pose to  be  posted  up  on  board  the  vessel,  in  a  place  or 
places  accessible  to  such  passengers,  and  shall  keep  the 
same  so  posted  up  during  the  voyage.  The  said  master 
shall  cause  the  compartments  and  spaces  provided  for,  or 
occupied  by,  such  passengers  to  be  kept  at  all  times  in  a 
clean  and  healthy  condition,  and  to  be,  as  often  as  may  be 
necessary,  disinfected  with  chloride  of  lime,  or  by  some 
other  equally  efficient  disinfectant.  ^^Tienever  the  state 
of  the  weather  will  permit,  such  passengers  and  their 
bedding  shall  be  mustered  on  deck,  and  a  clear  and  suffi- 
cient space  on  the  main  or  any  upper  deck  of  the  vessel 
shall  be  set  apart,  and  so  kept,  for  the  use  and  exercise 
of  such  passengers  during  the  voyage.  For  each  neglect 
or  violation  of  any  of  the  provisions  of  this  section  the 
master  of  the  vessel  shall  be  liable  to  a  penalty  not  ex- 
ceeding two  hundred  and  fifty  dollars. 


144  NAVIGATION   LAWS    OF   TF"E   UNITED   STATES. 

150.   Privacy  of  passengers. 

Sec.  7.  Neither  the  officers,  seamen,  nor  other  persons  employed 

on  any  such  steamship  or  other  vessel  shall  visit  or  fre- 
quent any  part  of  the  vessel  provided  or  assigned  to  the 
use  of  such  passengers,  except  by  the  direction  or  permis- 
sion of  the  master  of  such  vessel  first  made  or  given  for 
such  purpose;  and  every  officer,  seaman,  or  other  person 
employed  on  board  of  such  vessel  who  shall  violate  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  may  be  fined  not  exceeding  one  hundred 
dolhirs,  and  be  imprisoned  not  exceeding  tAventy  days,  for 
each  violation ;  and  the  master  of  such  vessel  who  directs 
or  permits  any  officer,  seaman,  or  other  person  employed 
on  board  the  vessel  to  visit  or  frequent  any  part  of  the 
vessel  provided  for  or  assigned  to  the  use  of  such  passen- 
gers, or  the  compartments  or  spaces  occupied  by  such 
passengers,  except  for  the  purpose  of  doing  or  performing- 
some  necessary  act  or  duty  as  an  officer,  seaman,  or  other 
person  employed  on  board  of  the  vessel,  shall  be  deemed 
guilt}'^  of  a  misdemeanor,  and  may  be  fined  not  more  than 
one  hundred  dollars  for  each  time  he  directs  or  permits 
the  provisions  of  this  section  to  be  violated.  A  copy  of 
this  section,  written  or  printed  in  the  language  or  princi- 
pal languages  of  the  passengers  on  board,  shall,  by  or 
under  the  direction  of  the  master  of  the  vessel,  be  posted 
in  a  conspicuous  place  on  the  forecastle  and  in  the  several 
parts  of  the  vessel  provided  and  assigned  for  the  use  of 
such  passengers,  and  in  each  compartment  or  space  occu- 
pied by  such  passengers,  and  the  same  shall  be  kept  so 
posted  during  the  voyage ;  and  if  the  said  master  neglects 
so  to  do,  he  shall  be  deemed  guilt}^  of  a  misdemeanor,  and 
shall  be  fined  not  more  than  one  hundred  dollars. 
151.   Explosives;  cattle. 

Sec.  8.  It  shall  not  be  lawful  to  take,  carry,  or  have  on  board  of 

any  such  steamship  or  other  vessel  any  nitro-ghxerine, 
dynamite,  or  any  other  explosive  article  or  compound,  nor 
any  vitriol  or  like  acids,  nor  gunpowder,  except  for  the 
ship's  use,  nor  any  article  or  munber  of  articles,  whether 
as  a  cargo  or  ballast,  which,  by  reason  of  the  nature  or 
quantity  or  mode  of  storage  thereof,  shall,  either  singly 
or  collectively,  be  likely  to  endanger  the  health  or  lives  of 
the  passengers  or  t]ie  safety  of  tiie  vessel,  and  horses,  cat- 
tle, or  other  animols  taken  on  board  of  or  brought  in  any 
such  vessel  shall  not  be  carried  on  any  deck  below  the 
deciv  on  which  passengers  are  berthed,  nor  in  any  com- 
partment in  which  passengers  are  berthed,  nor  in  any 
adjoining  compartment  except  in  a  vessel  built  of  iron, 
and  of  which  the  compartments  are  divided  off  by  water- 
tight bulkheads  extending  to  the  upper  deck.  For  every 
violation  of  any  of  the  provisions  of  this  section  the  mas- 
ter of  the  vessel  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  lined  not  exceeding  one  thousand  dollars,  and 
be  imprisoned  for  a  period  not  exceeding  one  year. 


PART   IX. PASSEXGER   ACT   OF   1882.  145 

152.   Boarding-  vessel;  passeng-er  list. 

It  shall  not  be  lawful  for  the  master  of  any  such  steam-  Sec.  9. 
ship  or  other  vessel,  not  in  distress,  after  the  arrival  of 
the  vessel  within  any  collection  district  of  the  United 
States,  to  allow  any  person  or  persons,  except  a  pilot, 
officer  of  the  customs,  or  health  officer,  agents  of  the  ves- 
sel, and  consuls,  to  come  on  board  of  the  xessel,  or  to 
leave  the  vessel,  until  the  vessel  has  been  taken  in  charge 
by  an  officer  of  the  customs,  nor,  after  charge  so  taken, 
without  leave  of  such  officer,  until  all  tlie  passengers, 
with  their  baggage,  have  been  duh^  landed  fi'om  the  ves- 
sel; and  on  the  arrival  of  any  such  steamship  or  other  ^^^"  ^'  ^^^^' 
vessel  within  anv  collection  district  of  the  United  States, 
the  master  shall  submit  for  inspection  to  the  officer  of 
customs  who  first  makes  demand  therefor,  and  shall  sub- 
sequently deliver  with  his  manifest  of  cargo  on  entry,  a 
correct  list,  signed  and  verified  on  oath  by  the  master,  of 
all  passengers  taken  on  board  the  vessel  at  an}^  foreign 
port  or  place,  specifying,  in  the  manner  to  be  prescribed 
from  time  to  time  by  the  Secretary  of  C(mimerce  and 
Tiabor,  the  name  of  each  passenger,  age  (if  a  child  of 
eight  years  or  under),  sex,  married  or  single,  location  of 
compartment  or  space  occupied  during  the  voyage  (if 
the  passenger  be  other  tluin  a  cabin  passenger),  whether 
a  citizen  of  the  United  States,  number  of  pieces  of  bag- 
gage, and  if  any  passenger  die  on  the  voyage  the  list 
shall  specify  the  name,  age,  and  cause  of  death  of  each 
deceased  passenger.  For  a  violation  of  either  of  the  pro- 
visions of  this  section,  or  for  permitting  or  neglecting  to 
prevent  a  violation  thereof,  the  master  of  the  vessel  shall 
be  liable  to  a  fine  not  exceeding  one  thousand  dollars. 

The  Secretary  of  Commerce  and  Labor  is  hereby  au-  Mar.  3i,  looo. 
thorized  and  directed  to  prescribe  from  time  to  time  and  Feb.  i4,  1903. 
enforce   regulations  governing  the  boarding   of  vessels   See.  10. 
arriving  at  the  seaports  of  the  United  States,  before  such 
vessels  liave  been  properly  inspected  and  placed  in  se- 
curity, and  for  that  purpose  to  employ  any  of  the  officers 
of  that  Department. 

Each  person  violating  such  regulations  shall  be  subject  Mar.  31, 1900. 
to  a  penalty  of  not  more  than  one  hundred   dolhirs  or   see.  2. 
imprisonment  not  to  exceed  six  months,  or  both,  in  the 
discretion  of  the  court. 

This  Act  shall  be  construed  as  supplementary  to  sec-   gee.  3. 
tion  nine  of  chapter  three  hundred  and  seventy-four  of 
the   Statutes  of  eighteen  hundred  and  eighty-two,  and 
section  forty-six  hundred  and  six  of  the  Revised  Statutes. 

Each  and  every  collector  of  customs  to  whom  shall  be  May  7,  1874. 
delivered  the  manifests  or  lists  of  passengers  prescribed 
by  the  twelfth  section   of  the   act   aforesaid,   approved 
March  third,  eighteen  hundred  and  fifty-five,  shall  make 
returns  from  such  manifests  or  lists  of  passengers  to  the  Feb.  14,  1903. 
Secretarv  of  Commerce  and  Labor  of  the  United  States,   Sec.  10. 
in  such  inanner  as  shall  be  prescribed  by  that  officer,  under 


146  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

whose  direction  statements  of  the  same  shall  be  prepared 
and  published. 

153.  Death  of  passenger. 

Aug.  2,  1882.      jn  case  there  shall  have  occurred  on  board  any  such 
^®^'  ■^^'  steamship  or  other  vessel  any  death  among  such  passen- 

gers during  the  voyage,  the  master  or  consignees  of  the 
vessel  shall,  within  forty-eight  hours  after  the  arrival  of 
the  vessel  within  a  collection  district  of  the  United  States, 
or  within  twenty-four  hours  after  the  entry  of  the  vessel, 
pay  to  the  collector  of  customs  of  such  district  the  sum  of 
ten  dollars  for  each  and  every  such  passenger  above  the 
age  of  eight  years  who  shall  have  died  on  the  voyage  by 
natural  disease;  and  the  master  or  consignees  of  any  ves- 
sel who  neglect  or  refuse  to  pay  such  collector,  within  the 
times  hereinbefore  prescribed,  the  sums  of  money  afore- 
said, shall  be  liable  to  a  penalty  of  fifty  dollars  in  addi- 
tion to  the  sum  required  to  be  paid  as  aforesaid  for  each 
passenger  whose  death  occurred  on  the  voyage.  All  sums 
of  money  paid  to  any  collector  under  the  provisions  of 
this  section  shall  be  by  him  paid  into  the  Treasury  of  the 
United  States  in  such  manner  and  under  such  regulations 
as  shall  be  prescribed  by  the  Secretary  of  the  Treasury. 

154.  Inspection. 

Sec.  11.  xhe    collector   of   customs    of   the   collection    district 

within  which,  or  the  surveyor  of  the  port  at  which,  any 
such  steamship  or  other  vessel  arrives,  shall  direct  an 
inspector  or  other  officer  of  the  customs  to  make  an  exam- 
ination of  the  vessel,  and  to  admeasure  the  compartments 
or  spaces  occui^ied  by  the  emigrant  passengers,  or  pas- 
sengers other  than  cabin  passengers,  during  the  voyage; 
and  such  measurement  shall  be  made  in  the  manner  pro- 
vided by  law  for  admeasuring  vessels  for  tonnage ;  and  to 
compare  the  number  of  such  passengers  found  on  board 
with  the  list  of  such  passengers  furnished  by  the  master 
to  the  customs  officer;  and  the  said  inspector  or  other 
officer  shall  make  a  report  to  the  aforesaid  collector  or 
surveyor,  stating  the  port  of  departure,  the  time  of  sail- 
ing, the  length  of  the  voyage,  the  ventilation,  the  number 
of  such  passengers  on  board  the  vessel,  and  their  native 
country,  respectively ;  the  cubic  quantity  of  each  compart- 
ment or  space,  and  the  number  of  berths  and  passengers 
in  each  space,  the  kind  and  quality  of  the  food  furnished 
to  such  passengers  on  the  voyage;  the  number  of  deaths, 
and  the  age  and  sex  of  those  who  died  during  the  voyage, 
and  of  what  disease;  and  in  case  there  was  any  unusual 
sickness  or  mortalit}^  during  the  voyage,  to  report  whether 
the  same  was  caused  by  any  neglect  or  violation  of  the 
provisions  of  this  act,  or  by  the  want  of  proper  care 
against  disease  by  the  master  or  owners  of  the  vessel ;  and 
the  said  reports  shall  be  forwarded  to  the  Secretary  of 

Feb.  14, 1903.  Commerce  and  Labor  at  such  times  and  in  such  manner 

^^"-  ^^-  as  he  shall  direct. 


PART   IX. PASSENGER   ACT   OF   1882.  147 

155.   Penalties. 

The  provisions  of  this  act  shall  apply  to  every  steam-  ^ug.  2,  1882. 
ship  or  other  vessel  whereon  emigrant  passengers,  or  ^^^'  ^^' 
joassengers  other  than  cabin  passengers,  are  taken  on  board 
at  a  port  or  place  in  the  United  States  for  conveyance  to 
any  port  or  place  in  a  foreign  countiy  except  foreign  ter- 
ritory contiguons  to  the  United  States,  and  shall  also 
apply  to  any  vessel  whereon  such  passengers  are  taken  on 
board  at  any  port  or  place  of  the  United  States  on  the 
Atlantic  Ocean  or  its  tributaries  for  conveyance  to  a  port 
or  place  on  the  Pacific  Ocean  or  its  tributaries,  or  vice 
versa ;  and  Avhether  the  voyage  of  said  vessel  is  to  be  con- 
tinuous from  port  to  port  or  su(;h  passengers  are  to  be  con- 
veyed from  port  to  port  in  part  by  the  way  of  au}^  over- 
land route  through  Mexico  or  Central  America ;  and  the 
said  collector  of  customs  may  direct  an  examination  of  the 
vessel  to  be  made  b}^  an  inspector  or  other  officer  of  the 
customs,  who  shall  make  the  examination  and  report 
whether  the  provisions  of  this  act  have  been  complied 
w^ith  in  respect  to  such  vessel,  and  the  said  collector  is 
authorized  to  withhold  the  clearance  of  such  vessel  until 
the  coming  in  of  such  report;  and  if  the  said  report  shall 
show  that  any  of  the  provisions  of  this  act  liave  not  been 
complied  with,  the  collector  is  authorized  and  directed  to 
withhold  the  clearance  of  such  vessel  until  the  said  pro- 
visions are  complied  with;  and  if  an}^  such  vessel  leaves 
the  aforesaid  port  or  place  without  having  been  duly 
cleared  by  the  collector  of  customs,  the  master  shall  be 
deemed  guilty  of  a  misdemeanor,  and  may  be  fined  not 
exceeding  one  thousand  dollars,  and  be  imprisoned  not 
exceeding  one  year,  and  the  vessel  shall  be  liable  to  seizure 
and  forfeiture. 

The  amount  of  the  several  fines  and  penalties  imposed  ^^^'  ^^ 
by  any  section  of  this  act  upon  the  master  of  any  steam- 
ship or  other  vessel  carrying  or  bringing  emigrant  passen- 
gers, or  passengers  other  than  cabin  passengers,  for  any 
violation  of  the  provisions  of  this  act,  shall  be  liens  upon 
such  vessel,  and  such  vessel  may  be  libeled  therefor  in  any 
circuit  or  district  court  of  the  United  States  where  such 
vessel  shall  arrive  or  depart. 


Part  X.— GEXEEAL  PILOT  LAWS. 


R.  S.,  4235. 


156.    General  pilot  laws.  i 

Until  further  provision  is  made  by  Congress,  all  pilots 
in  the  bays,  inlets,  rivers,  harbors,  and  ports  of  the  LTnited 
States  shall  continue  to  be  regulated  in  conformity  with 
the  existing  laws  of  the  States  respectively  wherein  such 
pilots  may  be.  or  with  such  laws  as  the  States  may  respec- 
tively enact  for  the  purpose. 

R.  s.,  4236.  xhe  master  of  any  vessel  coming  into  or  going  out  of 
an}^  port  situate  upon  waters  which  are  the  boundary 
between  two  States,  may  em]:)loy  any  pilot  duly  licensed 
or  authorized  by  the  laws  of  either  of  the  States  bounded 
on  such  waters,  to  pilot  the  vessel  to  or  from  such  port. 

R.  s.,  4237.  ]N^Q  regulations  or  provisions  shall  be  adopted  by  any 
State  which  shall  make  any  discrimination  in  the  rate  of 
pilotage  or  half  pilotage  between  vessels  sailing  between 
the  ports  of  one  State  and  vessels  sailing  between  the 
ports  of  different  States,  or  any  discrimination  against 
vessels  propelled  in  whole  or  in  part  by  steam,  or  against 
national  vessels  of  the  United  States;  and  all  existing 
regulations  or  provisions  making  any  such  discrimination 
are  annulled  and  abrogated. 

R.  s.,  4444.  Xo  State  or  municipal  government  shall  impose  upon 
pilots  of  steam-vessels  any  obligation  to  procure  a  State 
or  other  license  in  addition  to  that  issued  by  the  United 
States,  or  any  other  regulation  Avhich  will  impede  such 
pilots  in  the  performance  of  the  duties  required  by  this 
Title  [E.  S.,  4399-4500]  ;  nor  shall  any  pilot-charges  be 
levied  by  an}'  such  authority  upon  any  steamer  piloted  as 
provided  b}^  this  Title;  and  in  no  case  shall  the  fees 
charged  for  the  pilotage  of  any  steam-vessel  exceed  the 
customary  or  legally  established  rates  in  the  State  where 
the  same  is  performed.  Xothing  in  this  Title  shall  be 
construed  to  annul  or  affect  any  regulation  established  by 
the  laws  of  an}^  State,  requiring  vessels  entering  or  leav- 
ing a  port  in  any  such  State,  other  than  coastAvise  steam- 
vessels,  to  take  a  pilot  duly  licensed  or  authorized  by  the 
laws  of  such  State,  or  of  a  State  situate  upon  the  waters 
of  such  State. 

s.  s.,  4401.         j^ii  coastwise  sea-going  vessels,  and  vessels  navigating 
the  great  lakes,  shall  be  subject  to  the  navigation  laws  of 
the  United  States,  when  navigating  within  the  jurisdic- 
148 


PART    X. GENERAL   PILOT    LAWS.  149 

turn  thereof ;  and  all  vessels,  propelled  in  Avhole  or  in  part  Aug.  19,  i89a 
by  steam,  and  navigating  as  aforesaid,  shall  be  subject  to  j^^^^^  ^'^  ^^g^^; 
all  the  rules  and  regulations  established  in  pursuance  of 
law  for  the  government  of  steam-vessels  in  passing,  as 
provided  by  this  Title  [R.  S.,  4399-4500]  ;  and  every 
coastwise  sea-going  steam-vessel  subject  to  the  navigation 
laws  of  the  United  States,  and  to  the  rules  and  regula- 
tions aforesaid,  not  sailing  under  register,  shall,  when 
under  way,  except  on  the  high  seas,  be  under  the  control 
and  direction  of  pilots  licensed  by  the  inspectors  of 
steamboats. 


Part  XI.— TONNAGE  TAX. 


157.  Rates  of  tax. 

158.  Exemptions  from  tonnage  tax. 

159.  Discriminating  tonnage  taxes. 

160.  Alien  tonnage  taxes. 


161.  Light  money. 

162.  Consular  tonnage  charges. 

163.  Refund  of  tonnage  tax. 


Aug.  5,  1909. 
Sec.  36. 


157.  Rates  of  tax. 

R.  s.,  4227.  Nothing  contained  in  this  Title  [R.  S.,  4131-4305] 
shall  be  deemed  in  any^Yise  to  impair  any  rights  and  privi- 
leges which  have  been  or  may  be  acquired  by  any  foreign 
nation  under  the  laws  and  treaties  of  the  United  States 
relative  to  the  duty  on  tonnage  of  vessels,  or  any  other 
duty  on  vessels. 

A  tonnage  dut}^  of  two  cents  per  ton,  not  to  exceed  in 
the  aggregate  ten  cents  per  ton  in  any  one  year,  is  hereby 
imposed  at  each  entry  on  all  vessels  which  shall  be  entered 
in  any  port  of  the  United  States  from  any  foreign  port  or 
place  in  North  America,  Central  America,  the  West  India 
Islands,  the  Bahama  Islands,  the  Bermuda  Islands,  or 
the  coast  of  South  America  bordering  on  the  Caribbean 
Sea,  or  Newfoundland,  and  a  duty  of  six  cents  per  ton, 
not  to  exceed  thirty  cents  per  ton  per  annum,  is  hereby 
imposed  at  each  entry  on  all  vessels  which  shall  be  entered 
in  any  port  of  the  United  States  from  any  other  foreign 
port,  not,  however,  to  include  vessels  in  distress  or  not 
engaged  in  trade. 

This  section  shall  not  be  construed  to  amend  or  repeal 
section  twenty-seven  hundred  and  ninety-two  of  the 
Revised  Statutes  as  amended  by  section  one  of  chapter 
two  hundred  and  twelve  af  the  laws  of  nineteen  hundred 
and  eight,  approved  May  twenty-eighth,  nineteen  hun- 
dred and  eight,  or  section  five  of  the  said  chapter  two 
hundred  and  twelve  of  the  laws  of  nineteen  hundred  and 
eight,  or  section  twenty-seven  hundred  and  ninety-three 
of  the  Revised  Statutes. 

Section  forty-two  hundred  and  thirty-two  of  the  Re- 
vised Statutes,  and  sections  eleven  and  twelve  of  chapter 
four  hundred-  and  twenty-one  of  the  laws  of  eighteen 
hundred  and  eighty-six!^  approved  June  nineteenth, 
eighteen  hundred  and  eighty-six,  and  so  much  of  section 
forty-two  hundred  and  nineteen  of  thfe  Revised  Statutes 
as  conflicts  with  this  section,  are  hereby  repealed. 

158.  Exemptions  from,  tonnage  tax. 

R.  s.,  4220.  Xo  vessel  belonging  to  any  citizen  of  the  United  States, 

trading  from  one  port  within  the  United  States  to  another 
150 


PART   XI. TONNAGE    TAX.  151 

port  within  the  United  States,  or  emploj^ed  in  the  bank, 
whale,  or  other  fisheries,  shall  be  subject  to  tonnage  tax 
or  duty,  if  such  vessel  be  licensed,  registered  or  enrolled. 

In  cases  of  vessels  making  regular  daily  trips  between  R-  s.,  4221.  ~ 
any  port  of  the  United  States  and  any  port  in  the  Domin- 
ion of  Canada,  wholly  upon  interior  waters  not  navigable 
to  the  ocean,  no  tonnage  or  clearance  fees  shall  be  charged 
against  such  vessel  by  the  officers  of  the  United  States, 
except  upon  the  first  clearing  of  such  vessel  in  each  year. 

Vessels  entering  otherwise  than  by  sea  from  a  foreign  Mar.  8,  I9ia 
port  at  which  tonnage  or  light-house  dues  or  other  equiva- 
lent tax  or  taxes  are  not  imposed  on  vessels  of  the  United 
States  shall  be  exempt  from  the  tonnage  duty  of  two 
cents  per  ton,  not  to  exceed  in  the  aggregate  ten  cents  per 
ton  in  any  one  year,  prescribed  by  section  thirty-six  of 
the  Act  approved  August  fifth,  nineteen  hundred  and 
nine,  entitled  "An  Act  to  provide  revenue,  equalize  duties, 
and  encourage  the  industries  of  the  United  States,  and. 
for  other  purposes." 

159.    Discriminating'  tonnag-e  taxes. 

Upon  satisfactory  proof  being  given  to  the  President,  R.  s.,  4228. 
by  the  government  of  any  foreign  nation,  that  no  discrim- 
inating duties  of  tonnage  or  imposts  are  imposed  or  levied 
in  theports  of  such  nation  upon  vessels  wholly  belonging 
to  citizens  of  the  United  States,  or  upon  the  produce, 
manufactures,  or  merchandise  imported  in  the  same  from 
the  United  States  or  from  any  foreign  country,  the  Presi- 
dent may  issue  his  proclamation,  declaring  that  the  for- 
eign discriminating  duties  of  tonnage  and  impost  within 
the  United  States  are  suspended  and  discontinued,  so  far 
as  respects  the  vessels  of  such  foreign  nation,  and  the 
produce,  manufactures,  or  merchandise  imported  into  the 
United  States  from  such  foreign  nation,  or  from  any 
other  foreign  country;  the  suspension  to  take  effect  from 
the  time  of  such  notification  being  given  to  the  President, 
and  to  continue  so  long  as  the  reciprocal  exemption  of 
vessels,  belonging  to  citizens  of  the  United  States,  and 
their  cargoes,  shall  be  continued,  and  no  longer. 

Provided^  That  the  President  is  authorized  to  suspend  July  24, 1897. 
in  part  the  operation  of  sections  forty-two  hundred  and 
nineteen  and  twenty-five  hundred  and  two  so  that  foreign 
vessels  from  a  country  imposing  partial  discriminating 
tonnage  duties  upon  American  vessels,  or  partial  discrim- 
inating import  duties  upon  American  merchandise,  may 
enjoy  in  our  ports  the  identical  privileges  which  the  same 
class  of  American  vessels  and  merchandise  may  enjoy  in 
said  foreign  country. 

No  other  or  higher  rate  of  duties  shall  be  imposed  or   R-  s.,  4229. 
collected  on  vessels  of  Prussia,  or  of  her  dominions,  from 
whencesoever  coming,  nor  on  their  cargoes,  howsoever 
composed,  than  are  or  may  be  payable  on  vessels  of  the 
United  States,  and  their  cargoes. 

The  preceding  section  shall  continue  and  be  in  force   R.  s.,4230. 
during  the  time  that  the  equality  for  which  it  provides 


152  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

shall,  ill  all  respects,  be  reciprocated  in  the  ports  of 
Prussia  and  her  dominions;  and  if  at  any  time  hereafter 
the  equality  shall  not  be  reciprocated  in  the  ports  of 
Prussia  and  her  dominions,  the  President  may  issue  his 
proclamation,  declaring  that  fact,  and  thereupon  the  sec- 
tion preceding  shall  cease  to  be  in  force. 
R.  s.,  4231.  From  Spanish  vessels  coming  from  any  port  or  place  in 

Spain  or  her  colonies,  where  no  discriminating  or  coun- 
tervailing duties  on  tonnage  are  levied  upon  vessels  of  the 
United  States,  or  from  any  other  port  or  place  to  and 
with  which  vessels  of  the  United  States  are  ordinarily 
permitted  to  go  and  trade,  there  shall  be  exacted  in  the 
ports  of  tlie  United  States  no  other  or  greater  duty  on 
tonnaoe  than  at  the  time  may  be  exacted  of  vessels  of  the 
United  States. 

160.  Alien  tonnag'e  taxes  (in  exceptional  cases). 

^ly  2\"^r897  Upon  vcsscls  Avliich  shall  be  entered  in  the  United 
States  from  any  foreign  port  or  place  there  shall  be  paid 
duties  as  follows:  On  vessels  built  within  the  United 
States  but  belonging  wholly  or  in  part  to  subjects  of  for- 
eign powers,  at  the  rate  of  30  cents  per  ton;  on  other 
vessels  not  of  the  United  States,  at  the  rate  of  50  cents 
per  ton.  Upon  every  vessel  not  of  the  United  States, 
which  shall  be  entered  in  one  district  from  another  dis- 
trict, having  on  board  goods,  Avares,  or  merchandise  taken 
in  one  district  to  be  delivered  in  another  district,  duties 
shall  be  paid  at  the  rate  of  50  cents  per  ton.  Nothing  in 
this  section  shall  be  deemed  in  any  wise  to  impair  any 
rights  or  privileges  which  have  been  or  ma}^  be  acquired 
by  any  foreign  nation  under  the  laws  and  treaties  of  the 
United  States  relative  to  the  duty  of  tonnage  on  vessels. 
On  all  foreign  vessels  which  shall  be  entered  in  the 
United  States  from  any  foreign  port  or  place,  to  and  with 
which  vessels  of  the  United  States  are  not  ordinarily  per- 
mitted to  enter  and  trade,  there  shall  be  paid  a  duty  at 
the  rate  of  two  dollars  per  ton;  and  none  of  the  duties 
on  tonnage  above  mentioned  shall  be  levied  on  the  vessels 
of  any  foreign  nation  if  the  President  of  the  United 
States  shall  be  satisfied  that  the  discriminating  or  coun- 
tervailing duties  of  such  foreign  nations,  so  far  as  they 
operate  to  the  disadvantage  of  the  United  States,  have 
been  abolished;  *  *  *  and  any  rights  or  privileges  ac- 
quired by  any  foreign  nation  under  the  laws  and  treaties 
of  the  United  States  relative  to  the  dutv  of  tonnage  on 
vessels  shall  not  be  impaired;  and  any  vessel  any  officer 
of  which  shall  not  be  a  citizen  of  the  United  States,  shall 
pay  a  tax  of  fifty  cents  per  ton. 

161.  Light  money  (in  exceptional  cases). 

R.  s.,  4225.  X  duty  of  fift}^  cents  per  ton,  to  be  denominated  "  light 

money,"  shall  be  levied  and  collected  on  all  vessels  not  of 
the  United   States,  which  may   enter  the   ports   of  the 


June  26, 1884 
Sec.  14. 


PART   XI. TONNAGE    TAX.  153 

United  States.  Such  light -mone}^  shall  be  levied  and  col- 
lected in  the  same  manner  and  under  the  same  regulations 
as  the  tonnage  duties. 

The  preceding  section  shall  not  be  deemed  to  operate  R-  s.,  4226. 
upon  unregistered  vessels,  owned  by  citizens  of  the  United 
States,  and  carr3dng  a  sea-letter,  or  other  regular  docu- 
ment, issued  from  a  custom-house  of  the  United  States, 
proving  the  vessel  to  be  American  property.  Upon  the 
entry  of  every  such  vessel  from  any  foreign  port,  if  the 
same  shall  be  at  the  port  at  which  the  owner  or  any  of 
the  part  owners  reside,  such  owner  or  part  owners  shall 
make  oath  that  the  sea-letter  or  other  regular  document 
possessed  by  such  vessel  contains  the  name  or  names  of  all 
the  persons  who  are  then  the  owners  of  the  vessel ;  or  if 
any  part  of  such  vessel  has  been  sold  or  transferred  since 
the  date  of  such  sea-letter  or  document,  that  such  is  the 
case,  and  that  no  foreign  subject  or  citizen  has,  to  the  best 
of  his  knowledge  and  belief,  any  share,  by  way  of  trust, 
confidence  or  otherwise,  in  such  vessel.  If  the  owner  or 
any  part  owner  does  not  reside  at  the  port  or  }>lace  at 
which  such  vessel  shall  enter,  then  the  master  shall  make 
oath  to  the  like  effect.  If  the  owner  or  part  owner,  where 
there  is  one,  or  the  master,  Avhere  there  is  no  owner,  shall 
refuse  to  so  swear,  such  vessel  shall  not  be  entitled  to  the 
privileges  granted  by  this  section. 

162.  Consular  tonnage  charges. 

No  consul  or  consular  agent  of  the  United  States  shall  ^-  s.,  4222. 
exact  tonnage  fees  from  any  vessel  of  the  United  States, 
touching  at  or  near  ports  in  Canada,  on  her  regular  voy- 
age from  one  port  to  another  within  the  United  States, 
unless  such  consul  or  consular  agent  shall  perform  some 
official  services,  required  by  law  for  such  vessel,  when  she 
shall  thus  touch  at  a  Canadian  port. 

163.  Refund  of  tonnage  tax. 

A^lienever   any   fine,   penalty,  forfeiture,  exaction,   or   June  26, 1884. 
charge  arising  under  the  laws  relating  to  vessels  or  sea-    ^^^'  ^^• 
men  has  been  paid  to  any  collector  of  customs  or  consular 
officer,  and  application  has  been  made  within  one  ^-ear 
from  such  payment  for  the  refunding  or  remission  of  the 
same,  the  Secretary  of  Commerce  and  Labor,  if  on  inves-   ^eb.  14,  1903. 
tigation  he  finds  that  such  fine,  penalty,  forfeiture,  exac-    ^^^-  ^^• 
tion,  or  charge  was  illegally,  improperly,  or  excessively 
imposed,  shall  have  the  power,  either  before  or  after  the 
same  has  been  covered  into  the  Treasur3^  to  refund  so 
much  of  such  fine,  penalty,  forfeiture,  exaction,  or  charge 
as  he  may  think  proper,  from  any  moneys  in  the  Treasury 
not  otherwise  appropriated. 

On  all  questions  of  interpretation     *     *     *     relating  July  5,  1884. 
to  the  collection  of  tonnage  tax,  and  to  the  refund  of  such   ^^^-  ^' 
tax  when  collected  erroneously  or  illegally,  his  [Commis- 
sioner of  Navigation]  decision  shall  be  final. 


Part  XIL— DISCRIMINATION  AND  RETALIATION. 


164.  Discrimination  against  American 

vessels. 

165.  Discrimination  against  American 

fishing  vessels. 

166.  Discrimination   against  products 

of  the  United  States. 


167.  Discrimination       on       Canadian 

canals. 

168.  Vessels    of    nations    not    assimi- 

lated   by    treaty    to   American 
vessels. 

169.  Discriminating  duties. 


June  19, 1886. 
Sec.  17. 


164.  Discrimination  against  American  vessels. 

IVlienever  any  foreign  country  whose  vessels  have  been 
placed  on  the  same  footing  in  the  ports  of  the  United 
States  as  American  vessels  (the  coastwise  trade  excepted) 
shall  deny  to  a^y  vessel  of  the  United  States  any  of  the 
commercial  privileges  accorded  to  national  vessels  in  the 
harbors,  ports,  or  waters  of  such  foreign  country,  the 
President,  on  receiving  satisfactory  information  of  the 
continuance  of  such  discriminations  against  any  vessels  of 
the  United  States,  is  hereby  authorized  to  issue  his  procla- 
mation excluding,  on  and  after  such  time  as  he  may  indi- 
cate, from  the  exercise  of  such  commercial  privileges  in 
the  ports  of  the  United  States  as  are  denied  to  American 
vessels  in  the  ports  of  such  foreign  country,  all  vessels  of 
such  foreign  country  of  a  similar  character  to  the  vessels 
of  the  United  States  thus  discriminated  against,  and  sus- 
pending such  concessions  previously  granted  to  the  vessels 
of  such  country;  and  on  and  after  the  date  named  in  such 
proclamation  for  it  to  take  effect,  if  the  master,  oflicer,  or 
agent  of  any  vessel  of  such  foreign  country  excluded  by 
said  proclamation  from  the  exercise  of  any  commercial 
privileges  shall  do  any  act  prohibited  by  said  proclama- 
tion in  the  ports,  harbors,  or  waters  of  the  United  States 
for  or  on  account  of  such  vessel,  such  vessel,  and  its  rig- 
ging, tackle,  furniture,  and  boats,  and  all  the  goods  on 
board,  shall  be  liable  to  seizure  and  to  forfeiture  to  the 
United  States;  and  any  person  opposing  any  officer  of  the 
United  States  in  the  enforcement  of  this  act,  or  aiding 
and  abetting  any  other  person  in  such  opposition,  shall 
forfeit  eight  hundred  dollars,  and  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  liable*^to  im- 
prisonment for  a  term  not  exceeding  two  years. 

165.  Discrimination  ag"ainst  American  fishing  vessels. 

Mar.  3,  1887.      Whenever  the  President  of  the  United  States  shall  be 
satisfied  that  American  fishing  vessels  or  American  fisher- 
men, visiting  or  being  in  the  waters  or  at  any  ports  or 
154 


PART   XII. ^DISCRIMINATION   AND   RETALIATION.  155 

places  of  the  British  Dominions  of  North  America,  are 
or  then  hitely  have  been  denied  or  abridged  in  the  enjoy- 
ment of  any  rights  secured  to  them  by  treaty  or  law,  or 
are  or  then  lately  have  been  unjustly  vexed  or  harassed  in 
the  enjoyment  of  such  rights,  or  subjected  to  unreasonable 
restrictions,  regulations,  or  requirements  in  respect  of 
such  rights;  or  otherwise  unjustly  vexed  or  harassed  in 
said  waters,  ports,  or  places; 

Or  whenever  the  President  of  the  United  States  shall 
be  satisfied  that  any  such  fishing  vessels  or  fishermen,  hav- 
ing a  permit  under  the  laws  of  the  United  States  to  touch 
and  trade  at  any  port  or  ports,  place  or  places,  in  the 
British  Dominions  of  North  America,  are  or  then  lately 
have  been  denied  the  privilege  of  entering  such  port  or 
ports,  place  or  places,  in  the  same  manner  and  under  the 
same  regulations  as  may  exist  therein  applicable  to  trad- 
ing vessels  of  the  most  favored  nation,  or  shall  be  un- 
justly vexed  or  harassed,  in  respect  thereof,  or  otherwise  be 
unjustly  vexed  or  harassed  therein,  or  shall  be  prevented 
from  jDurchasing  such  supplies  as  may  there  be  lawfully 
sold  to  trading  vessels  of  the  most  favored  nation; 

Or  whenever  the  President  of  the  United  States  shall 
be  satisfied  that  any  other  vessels  of  the  United  States, 
their  masters  or  crews,  so  arriving  at  or  being  in  such 
British  waters  or  ports  or  places  of  the  British  Dominions 
of  North  America,  are  or  then  lately  have  been  denied  any 
of  the  privileges  therein  accorded  to  the  vessels,  their 
masters  or  crews,  of  the  most  favored  nation,  or  unjustly 
vexed  or  harassed  in  respect  to  the  same,  or  unjustly 
vexed  or  harassed  therein  by  the  authorities  thereof,  then, 
and  in  either  or  all  of  such  cases: 

It  shall  be  lawful,  and  it  shall  be  the  duty  of  the  Presi- 
dent of  the  United  States,  in  his  discretion,  by  proclama- 
tion to  that  eifect,  to  deny  vessels,  their  masters  and  crews, 
of  the  British  Dominions  of  North  America,  any  entrance 
into  the  waters,  i^orts,  or  places  of,  or  within  the  United 
States  (with  such  exceptions  in  regard  to  vessels  in  dis- 
tress, stress  of  weather,  or  needing  supplies  as  to  the 
President  shall  seem  proper),  whether  such  vessels  shall 
have  come  directly  from  said  dominions  on  such  destined 
voyage  or  by  way  of  some  port  or  place  in  such  destined 
voyage  elsewhere,  and  also  to  deny  entry  into  any  port  or 
place  of  the  United  States  of  fresh  fish  or  salt  fish  or  any 
other  product  of  said  dominions,  or  other  goods  coming 
from  said  dominions  to  the  United  States. 

The  President  may,  in  his  discretion,  apply  such  procla- 
mation to  any  part  or  to  all  of  the  foregoing-named  sub- 
jects, and  may  revoke,  qualify,  limit,  and  renew  such 
proclamation  from  time  to  time  as  he  may  deem  necessary 
to  the  full  and  just  execution  of  the  purposes  of  this  act. 

Every  violation  of  any  such  proclamation,  or  any  part 
thereof,  is  hereby  declared  illegal,  and  all  vessels  and 


156  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

goods  SO  comino-  or  being  within  tlie  waters,  ports,  or 
13.1aces  of  the  United  States  contrar}^  to  such  ])roclamation 
shall  be  forfeited  to  the  United  States;  and  such  forfei- 
tnre  shall  be  enforced  and  proceeded  upon  in  the  same 
manner  and  with  the  same  effect  as  in  the  case  of  vessels 
or  goods  Avhose  importation  or  coming  to  or  being  in  the 
waters  or  ports  of  the  United  States  contrary  to  law  may 
now  be  enforced  and  proceeded  upon. 

Every  person  who  shall  violate  any  of  the  provisions  of 
this  act,  or  such  proclamation  of  the  President  made  in 
pursuance  hereof,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  on  conviction  thereof,  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment for  a  term  not  exceeding  two  years,  or  by  both  said 
punishments,  in  the  discretion  of  the  court. 

166.  Discrimination  against  products  of  the  United  States. 
Aug.  30, 1S90.      AVhenever  the  President  shall  be  satisfied  that  unjust 
Sec.  5.            discriminations  are  made  by  or  under  the  authority  of 

any  foreign  state  against  the  importation  to  or  sale 
in  such  foreign  state  of  any  product  of  the  United 
States,  he  may  direct  that  such  product  of  such  foreign 
state  so  discriminating  against  any  product  of  tl>e  United 
States  as  he  may  deem  proper  shall  be  excluded  from  im- 
j^ortation  to  the  United  States;  and  in  such  case  he  shall 
make  proclamation  of  his  direction  in  the  premises,  and 
therein  name  the  time  when  such  direction  against  impor- 
tation shall  take  effect,  and  after  such  date  the  importa- 
tion of  the  articles  named  in  such  proclamation  shall  be 
unlawful.  The  President  may  at  any  time  revoke,  mod- 
ify, terminate,  or  renew  any  such  "direction  as,  in  his 
opinion,  the  j^ublic  interest  may  require. 

167.  Discrimination  on  Canadian  canals. 

July  26,  1S92.  With  a  view  of  securing  reciprocal  advantages  for  the 
citizens,  ports,  and  vessels  of  the  United  States,  on  and 
after  the  first  day  of  xA.ugust,  eighteen  hundred  and 
ninety-two,  whenever  and  so  often  as  the  President  shall 
be  satisfied  that  the  passage  through  any  canal  or  lock 
connected  with  the  navigation  of  "the  Saint  Lawrence 
River,  the  Great  Lakes,  or  the  water  ways  connecting  the 
same,  of  any  vessels  of  the  United  States,  or  of  cargoes  or 
passengers  in  transit  to  any  port  of  the  United  States,  is 
l^rohibited  or  is  made  difficult  or  burdensome  by  the  impo- 
sition of  tolls  or  otherwise  which,  in  view  of  the  free 
passage  through  the  Saint  Marys  Falls  Canal,  now  per- 
mitted to  vessels  of  all  nations,  lie  shall  deem  to  be  recip- 
rocally unjust  and  unreasonable,  he  shall  liave  the  power, 
and  it  shall  be  his  duty,  to  suspend  by  proclamation  to 
that  effect,  for  such  time  and  to  such  Went  (including 
absolute  prohibition)  as  he  shall  deem  just,  the  right  of 
free  passage  through  the  Saint  Marys  Falls  Canal, "so  far 
as  it  relates  to  vessels  owned  by  the  subjects  of  the  gov- 


PART    XII. DISCRIMINATION    AND    RETALIATION.  157 

ernmont  so  discriminating  against  the  citizens,  ports,  or 
vessels  of  the  United  States,  or  to  any  cargoes,  portions 
of  cargoes,  or  passengers  in  transit  to  the  ports  of  the 
government  making  such  discrimination,  whether  carried 
in  vessels  of  the  United  States  or  of  other  nations. 

In  snch  case  and  during  such  suspension  tolls  shall  be 
levied,  collected,  and  paid  as  follows,  to  wit : 

Upon  freight  of  whatever  kind  or  description,  not  to 
exceed  two  dollars  per  ton ;  upon  passengers,  not  to  exceed 
five  dollars  each,  as  shall  be  from  time  to  time  determined 
by  the  President : 

Provided^  That  no  tolls  shall  be  charged  or  collected 
upon  freight  or  passengers  carried  to  and  landed  at 
Ogdensburg,  or  any  port  west  of  Ogdensburg,  and  south 
of  a  line  drawn  from  the  northern  boundary  of  the  State 
of  New  York  through  the  Saint  Lawrence  River,  the 
Great  Lakes,  and  their  connecting  channels  to  the  north- 
ern boimdarv  of  the  State  of  Minnesota. 

All  tolls  so  charged  shall  be  collected  under  such  regu-  See.  2. 
lations  as  shall  be  prescribed  by  the  Secretary  of  Com-  g^^/i'  ■^^^^' 
merce  and  Labor,  who  may  require  the  master  of  each 
vessel  to  furnish  a  sworn  statement  of  the  amount  and 
kind  of  cargo  and  the  number  of  passengers  carried  and 
the  destination  of  the  same,  and  such  proof  of  the  actual 
delivery  of  such  cargo  or  passengers  at  some  port  or  place 
within  the  limits  above  named  as  he  shall  deem  satisfac- 
tory; and  until  such  i:)roof  is  furnished  such  freight  and 
passengers  may  be  considered  to  have  been  landed  at  some 
port  or  place  outside  of  those  limits,  and  the  amount  of 
tolls  wdiich  would  have  accrued  if  they  had  been  so  de- 
livered shall  constitute  a  lien,  which  may  be  enforced 
against  the  vessel  in  default  wherever  and  whenever 
found  in  the  waters  of  the  United  States. 

168.    Vessels  of  nations  not  assimilated  by  treaty  to  American 

vessels. 

No  goods,  wares,  or  merchandise,  unless  in  cases  pro-   R-  s.,  2497. 
vided  for  by  treaty,  shall  be  imported  into  the  United   g'^c^  93 '  ^^^^" 
States  from  any  foreign  port  or  place,  except  in  vessels  of   Aug.  5^  1909.- 
the  United  States,  or  in  such  foreign  vessels  as  truly  and   See.  16. 
wholly  belong  to  the  citizens  or  subjects  of  that  country  of 
which  the  goods  are  the  growth,  production,  or  manufac- 
ture, or  from  which  such  goods,  wares,  or  merchandise  can 
only  be,  or  most  usually  are,  first  shipped  for  transporta- 
tion.    All  goods,  wares,  or  merchandise  imported  con- 
trary to  this  section,  and  the  vessel  wherein  the  same  shall 
be  imported,  together  with  her  cargo,  tackle,  apparel,  and 
furniture,  shall  be  forfeited  to  the  United  States;  and 
such  goods,  wares,  or  merchandise,  ship,  or  vessel,  and 
cargo  shall  be  liable  to  be  seized,  prosecuted,  and  con- 
demned in  like  manner,  and  imcler  the  same  regulations, 
restrictions,  and  provisions  as  have  been  heretofore  estab- 
lished for  the  recovery,  collection,  distribution,  and  re- 


158  NAVIGATION   LAWS    OF    THE   UNITED   STATES. 

mission  of  forfeitures  to  the  United  States  by  the  several 
revenue  hiws. 
Sec.  24.  ^Ijq  preceding  section   shall  not   apply   to  vessels  or 

s^^  17!  ^^^^  goods,  wares,  or  merchandise  imported  in  vessels  of  a 
foreign  nation  which  does  not  maintain  a  similar  regula- 
tion against  vessels  of  the  United  States. 

169.  Discriminating  duties. 
R.  s.,  2502.  A  discriminating  duty  of  ten  per  centum  ad  valorem,  in 
Aug.^5,  1909.  .^(jfiition  to  the  duties  imposed  by  law,  shall  be  levied, 
collected,  and  paid  on  all  goods,  wares,  or  merchandise 
which  shall  be  imported  in  vessels  not  of  the  United  States, 
or  which  being  the  production  or  manufacture  of  any  for- 
eign country  not  contiguous  to  the  United  States,  shall 
come  into  the  United  States  from  such  contiguous  coun- 
try; but  this  discriminating  duty  shall  not  apply  to  goods, 
wares,  or  merchandise  which  shall  be  imported  in  vessels 
not  of  the  United  States  entitled  at  the  time  of  such 
.  importation  by  treaty  or  convention  or  act  of  Congress  to 
be  entered  in  the  ports  of  the  United  States  on  payment 
of  the  same  duties  as  shall  then  be  payable  on  goods, 
wares,  and  merchandise  imported  in  vessels  of  the  United 
States,  nor  to  such  foreign  products  or  manufactures  as 
shall  be  imported  from  such  contiguous  countries  in  the 
usual  course  of  strictly  retail  trade. 


Part  XIII.— ENTRY  AND  CLEARANCE. 


170. 

Clearance. 

178. 

171. 

Master's  oath. 

179. 

172. 

Form  of  outward  manifest. 

173. 

Form  of  clearance. 

180. 

174. 

State  inspection  laws. 

181. 

175. 

Manifests  in  Alaskan  and  insular 
trade. 

182. 

176. 

Bullion  and  coin. 

183. 

177. 

Live-oak  timber. 

170. 

Clearance. 

Fees. 

Enrolled  and  licensed  vessels  in 
foreign  trade. 

Oath  of  ownership  on  entry. 

Deposit  of  papers. 
182.   War  documents;  passports;  sea- 
letters. 

Illegal  boarding  of  vessel. 


The  master  or  person  having  the  charge  or  command  of  ^-  ^''^aVqno 
any  vessel  bound  to  a  foreign  port,  shall  deliver  to  the  ^^'  ' 
collector  of  the  district  from  which  such  vessel  is  about  to 
depart,  a  manifest  of  all  the  cargo  on  board  the  same,  and 
the  value  thereof,  by  him  subscribed,  and  shall  swear  to 
the  truth  thereof;  whereupon  the  collector  shall  grant  a 
clearance  for  such  vessel  and  her  cargo,  but  without 
specifying  the  particulars  thereof  in  the  clearance,  unless 
required  by  the  master  or  other  person  having  the  charge 
or  command  of  such  vessel  so  to  do.  If  any  vessel  bound 
to  a  foreign  port  dej)arts  on  her  voyage  to  such  foreign 
port  without  delivering  such  manifest  and  obtaining  a 
clearance,  as  hereby  required,  the  master  or  other  person 
having  the  charge  or  command  of  such  vessel  shall  be 
liable  to  a  penalty  of  five  hundred  dollars  for  every  such 
offense. 
171.   Master's  oath. 

The  oath  to  be  taken  by  the  master  or  commander  of  the  R-  s.,  4198. 
vessel  shall  be  as  follows:  ^^'-  ^^'  ^^^2. 

District  of 

I,  (insert  the  name),  master  or  commander  of  the  (in- 
sert the  denomination  and  name  of  the  vessel),  bound 
from  the  port  of  (insert  the  name  of  the  port  or  place 
sailing  from)  to  (insert  the  name  of  the  port  or  place 
bound  to),  do  solemnly,  sincerely,  and  truly  swear  (or 
affirm,  as  the  case  may  be)  that  the  manifest  of  the  cargo 
on  board  the  said  (insert  denomination  and  name  of  the 
vessel) ,  now  delivered  by  me  to  the  collector  of  this  dis- 

159 


160 


NAVIGATION   LAWS    OF    THE    UNITED   STATES. 


R.  S.,  4100. 
Apr.  29,  1901 


trict,  and  subscribed  with  my  name,  contains,  according 
to  the  best  of  my  knowledge  and  belief,  a  full,  jnst,  and 
true  account  of  all  the  goods,  wares,  and  merchandise  now 
actually  laden  on  board  the  said  vessel,  and  of  the  value 
tliereof ;  and  if  any  other  goods,  wares,  or  merchandise 
shall  be  laden  or  put  on  board  the  said  (insert  denomina- 
tion and  name  of  vessel)  previous  to  her  sailing  from  this 
port,  I  will  immediately  report  the  same  to  the  said  col- 
lector. I  do  also  swear  (or  affirm)  that  I  verily  believe 
the  duties  on  all  the  foreign  merchandise  therein  specified 
have  been  paid  or  secured,  according  to  law,  and  that  no 
i:)art  thereof  is  intended  to  be  relanded  within  the  United 
States,  and  that  if  b}'  distress  or  other  unavoidable  acci- 
dent it  shall  become  necessary  to  reland  the  same,  I  will 
forthwith  make  a  just  and  true  report  thereof  to  the  col- 
lector of  the  customs  of  the  district  wherein  such  distress 
or  accident  may  happen.     So  help  me  God. 

172.    Form  of  outward  manifest. 

The  form  of  the  report  and  manifest  to  be  delivered  to 
the  collector  shall  be  as  follows: 

Report  and  manifest  of  the  cargo  laden  at  the  port  of  ,  on 

board  the  ,  master,  bound  for 

port 


Marks. 


Numbers. 


Packages  or  arti- 
cles in  bulk. 


Contents  or 
quanlities. 


Value  at  the  port 
of  exportation. 


R.  s.,  4200.  ^  Before  a  clearance  shall  be  granted  for  any  vessel  bound 
Apr.  29, 1902. 1^  ^  foreign  port,  the  owners,  shippers,  or  consignors  of 
the  cargo  of  such  vessel  shall  deliver  to  the  collector  mani- 
fests of  the  cargo,  or  the  parts  thereof  shipped  by  them 
respectiA^ely,  and  shall  verify  the  same  by  oath,"^  Such 
manifests  shall  specify  the  kinds  and  quantities  of  the 
articles  shipped  respectively,  and  the  value  of  the  total 
quantity  of  each  kind  of  articles;  and  the  oath  to  each 
manifest  shall  state  that  it  contains  a  full,  just,  and  true 
account  of  all  articles  laden  on  board  of  such  vessel  by 
the  owners,  shippers  or  consignors,  respectively,  and  that 
the  values  of  such  articles  are  truly  stated,  according  to 
their  actual  cost,  or  the  values  which  they  truly  bear  at 
the  port  and  time  of  exportation.  And  before  a  clear- 
ance shall  be  granted  for  any  such  vessel,  the  master  of 
that  vessel,  and  the  owners,  shippers,  and  consignors  of 
the  cargo,  shall  state,  upon  oath,  to  the  collector,  the  for- 
eign port  or  country  in  which  such  cargo  is  truly  in- 
tended to  be  landed.  The  oaths  shall  be  taken  and^  sub- 
scribed in  writinsr. 


PART   XIII. ENTRY   AND    CLEARANCE.  161 

173.  Form  of  clearance. 

The  form  of  a  clearance,  to  be  granted  to  a  ship  or  vessel  R.  s.,  4201. 
on  her  departure  to  a  foreign  port  or  place,  shall  be  as  ^p^-  ^^'  ^^^2. 
follows : 

District  of  ,  ss, 

Port  of 

These  are  to  certify  all  whom  it  doth  concern,  that         , 
master  or  commander  of  the  ,  burden  tons,  or 

thereabouts,  mounted  with  gi^ns,  navigated  with 

men,  built,  and  bound  for  ,  having  on  board         , 

hath  here  entered  and  cleared  his  said  vessel  according  to 
law.  Given  under  our  hands  and  seals,  at  the  custom- 
house of  ,  this  day  of  ,  one  thousand  , 
and  in  the  year  of  the  Independence  of  the  United 
States  of  America. 

174.  State  inspection  laws. 

The  collectors  and  other  officers  of  the  customs  shall  r.  s.,  4202. 
pay  due  regard  to  the  inspection  laws  of  the  States  in  ^p^"-  29, 1902. 
wdiich  they  may  respectively  act,  in  such  manner  that  no 
vessel  having  on  board  goods  liable  to  inspection  shall  be 
cleared  until  the  master,  or  other  proper  person,  shall  have 
produced  such  certificate  that  all  such  goods  have  been 
duly  inspected,  as  the  law^s  of  the  respective  States  may 
require  to  be  produced  to  collectors  or  other  officers  of  the 
customs. 

175.  Manifests  in  Alaskan  and  insular  trades. 

The  provisions  of  sections  four  thousand  one  hundred  ^p^'-  29, 1902. 
and  ninety-seven  to  four  thousand  two  hundred,  inclusive,  ^^^^  ^^'  ^^^^' 
of  the  EcAdsed  Statutes  of  the  United  States,  requiring 
statements  of  quantity  and  value  of  goods  carried  by  ves- 
sels clearing  from  the  United  States  to  foreign  ports, 
shall  be  extended  to  and  govern,  under  such  regulations 
as  the  Secretary  of  Commerce  and  Labor  shall  prescribe, 
in  the  trade  between  the  United  States  and  Haw  aii,  Porto 
Rico,  Alaska,  the  Philippine  Islands,  Guam,  and  its  other 
noncontiguous  territory,  and  shall  also  govern  in  the  trade 
conducted  between  said  islands  and  territory,  and  in  ship- 
ments from  said  islands  or  territory  to  other  parts  of  the 
United  States:  Provided,  That  this^law  shall  not  apply  in 
the  Philippine  Islands  during  such  time  as  the  collectors 
of  customs  of  those  islands  are  under  the  jurisdiction  of 
the  War  Department. 

176.  Bullion  and  coin. 

All  vessels  belonging  to  citizens  of  the  United  States,  r.  s..  4204. 
and  bound  from  any  port  in  the  United  States  to  any 
other  port  therein,  or  to  any  foreign  port,  or  from  any 
foreign  port  to  any  port  in  the  United  States,  shall,  before 
clearance,  receive  on  board  all  such  bullion,  coin,  United 
States  notes  and  bonds  and  other  securities,  as  the  Govern- 
ment of  the  United  States  or  any  department  thereof,  or 
96694°— 11 11 


162 


NAVIGATION   LAWS    OF   THE   UNITED   STATES. 


any  minister,  consul,  vice-consul,  or  commercial  or  other 
agent  of  the  United  States  abroad,  shall  offer,  and  shall 
securely  convey  and  promptly  deliver  the  same  to  the 
proper  authorities  or  consignees,  on  arriving  at  the  port 
of  destination;  and  shall  receive  for  such  service  such 
reasonable  compensation  as  may  be  allowed  to  other  car- 
riers in  the  ordinary  transactions  of  business. 

177.  Live-oak  timber. 

R.  s.,  4205.  Collectors  of  the  collection-districts  within  the  States 
of  Florida,  Alabama,  Mississippi,  and  Louisiana,  before 
allowing  a  clearance  to  any  vessel  laden  in  whole  or  in 
part  with  live-oak  timber,  shall  ascertain  satisfactorily 
that  such  timber  was  cut  from  private  lands,  or,  if  from 
public  lands,  by  consent  of  the  Department  of  the  Navy. 

178.  Fees. 

R.  s.,  4206.  Previous  to  a  clearance  being  granted  to  any  vessel,  out- 
june  19, 1886.  ^^^j.^  bound,  the  legal  fees  which  shall  have  accrued  on 
such  vessel  shall  be  paid  at  the  offices  where  such  fees  are 
respectively  payable;  and  receipts  for  the  same  shall  be 
produced  to  the  collector  or  other  officer  whose  duty  it 
may  be  to  grant  clearances,  before  a  clearance  is  granted. 
R.  s.,  4207.  Whenever  any  clearance  is  granted  to  any  vessel  of  the 
United  States,  duly  registered  as  such,  and  bound  on  any 
foreign  voyage,  the  collector  of  the  district  shall  annex 
thereto,  in  every  case,  a  copy  of  the  rates  or  tariff's  of  fees 
which  diplomatic  and  consular  officers  are  entitled,  by  the 
regulations  prescribed  by  the  President,  to  receive  for 
their  services. 

179.  Enrolled  and  licensed  vessels  in  foreign  trade. 

R.  s.,  4337.  If  any  vessel,  enrolled  or  licensed,  shall  proceed  on  a 
foreign  voyage,  without  first  giving  up  her  enrollment 
and  license'^to  the  collector  of  the  district  comprehending 
the  port  from  Avhich  she  is  about  to  proceed  on  such  voy- 
age, and  being  duly  registered  by  such  collector,  every 
such  vessel,  together  with  her  tackle,  apparel,  and  furni- 
ture, and  the  merchandise  so  imported  therein,  shall  be 
liable  to  seizure  and  forfeiture. 

R.  s.,  4338.  If  the  port  from  which  any  vessel,  so  enrolled  or 
licensed  is  about  to  proceed  on  a  foreigii  voyage,  is  not 
within  the  district  where  such  vessel  is  enrolled,  the  col- 
lector of  such  district  shall  give  to  the  master  of  such  ves- 
sel a  certificate,  specifying  that  the  enrollment  and  license 
of  such  vessel  has  been  received  by  him,  and  the  time 
when  it  was  so  received :  which  certificate  shall  afterward 
be  delivered  by  the  master  to  the  collector  Avho  may  have 
granted  such  enrollment  and  license. 

R.  s.,  4364.  Whenever  any  vessel,  licensed  for  carrying  on  the  fish- 
ery, is  intended  to  touch  and  trade  at  any  foreign  port,  it 
shall  be  the  duty  of  the  master  or  owner  to  obtain  permis- 
sion for  that  purpose  from  the  collector  of  the  district 


R.  S.,  4365. 


R.  S.,  4173L 


PART   XIII. ENTRY   AND    CLEARANCE.  163 

where  such  vessel  may  be,  previous  to  her  departure,  and 
the  master  of  every  such  vessel  shall  deliver  like  mani- 
fests, and  make  like  entries,  both  of  the  vessel  and  of  the 
merchandise  on  board,  within  the  same  time,  and  under 
the  same  penalty,  as  are  by  law  provided  for  vessels  of  the 
United  States  arriving  from  a  foreign  port. 

Whenever  a  vessel,  licensed  for  carrying  on  the  fish- 
eries, is  found  within  three  leagues  of  the  coast,  with 
merchandise  of  foreign  growth  or  manufacture,  exceed- 
ing the  value  of  five  hundred  dollars,  Avitliout  haying  such 
permission  as  is  directed  by  the  preceding  section,  such 
vessel,  together  with  the  merchandise  of  foreign  growth 
or  manufacture  imported  therein,  shall  be  subject  to  sei- 
zure and  forfeiture, 
180.    Oath  of  ownership  on  entry- 

Upon  the  entry  of  every  vessel  of  the  United  States 
from  any  foreign  port,  if  the  same  shall  be  at  the  port  at 
which  the  owner  or  any  of  the  part  owners  reside,  such 
owner  or  part  oAvner  shall  make  oath  that  the  register  of 
such  vessel  contains  the  name  or  names  of  all  the  persons 
who  are  then  owners  of  the  vessel ;  or  if  any  part  of  such 
vessel  has  been  sold  or  transferred  since  the  granting  of 
such  register  that  such  is  the  case,  and  that  no  foreign 
subject  or  citizen  has,  to  the  best  of  his  knowledge  and 
beliefj  any  share,  by  way  of  trust,  confidence,  or  other- 
wise, m  such  vessel.  If  the  owner  or  any  part  owner  does 
not  reside  at  the  port  at  Avhich  such  vessel  enters,  the 
master  shall  make  oath  to  the  like  effect.  If  the  owner,  or 
part  owner,  where  there  is  one,  or  the  master,  where  there 
is  no  owner,  refuses  so  to  swear,  such  vessel  shall  not  be 
entitled  to  the  privileges  of  a  vessel  of  the  United  States. 

Upon  the  entry  of  every  such  [unregistered  vessel, 
owaied  by  citizens  of  the  United  States,  and  carrying  a 
sea-letter,  or,  other  regular  document,  issued  from  a  cus- 
tom house  of  the  United  States,  proving  the  vessel  to  be 
American  property]  vessel  from  any  foreign  port,  if  the 
same  shall  be  at  the  port  at  which  the  owner  or  any  of 
the  part  owners  reside,  such  owner  or  part  owner  shall 
make  oath  that  the  sea  letter  or  other  regular  document 
possessed  by  such  vessel  contains  the  name  or  names  of 
all  the  persons  who  are  then  the  owners  of  the  vessel ;  or 
if  any  part  of  such  vessel  has  been  sold  or  transferred 
since  the  date  of  such  sea-letter  or  document,  that  such  is 
the  case,  and  that  no  foreign  subject  or  citizen  has,  to  the 
best  of  his  knowledge  and  belief,  any  share,  by  way  of 
trust,  confidence,  or  otherwise,  in  such  vessel.  If  the 
owner  or  any  part  owner  does  not  reside  at  the  port  or 
place  at  which  such  vessel  shall  enter,  then  the  master 
shall  make  oath  to  the  like  effect.  If  the  owner  or  part 
owner,  where  there  is  one,  or  the  master,  where  there  is 
no  owner,  shall  refuse  to  so  swear,  such  vessel  shall  not  be 
entitled  to  the  privileges  granted  by  this  section. 


R.  s..  422a. 


164  NAVIGATION    LAWS    OF   THE   UNITED   STATES. 

181.    Deposit  of  papers. 
E.  s.,  2790.         xiie  reaister.  or  other  document  in  lieu  thereof,  together 
with  the'clearance  and  other  papers  granted  by  the  offi- 
cers of  the  customs  to  a  vessel  at  her  departure  from  the 
port  from  whence  she  may  have  arrived,  Mediterranean 
passports  excepted,  shall  previous  to  entry  be  produced 
to  the  collector  with  whom  such  entry  is  to  be  made,  and 
shall  remain  in  his  office;  and  on  the  clearance  of  such 
vessel  the  register  and  other  documents  shall  be  returned 
to  the  master  or  owner  of  such  vessel. 
R.  s.,  4209.         ji-^g  register,  or  other  document  in  lieu  thereof,  together 
with  theclearance  and  other  papers  granted  by  the  offi- 
cers of  the  customs  to  any  foreign  vessel,  at  her  departure 
from  the  port  from  which  she  may  have  arrived,  shall, 
previous  to  entry  in  any  port  of  the  United  States,  be  pro- 
duced to  the  collector  with  whom  such  entry  is  to  be  made. 
It  shall  be  the  duty  of  the  master,  within   forty-eight 
hours  after  such  entry,  to  deposit  the  papers  with  the  con- 
sul or  vice-consul  of  the  nation  to  which  the  vessel  be- 
longs, and  to  deliver  to  the  collector  the  certificate  of  such 
consul  or  vice-consul  that  the  papers  have  been  so  depos- 
ited.   Every  master  who  fails  to  comply  with  this  regu- 
lation shall  be  punishable  by  a  fine  of  not  less  than  five 
hundred  dollars,  nor  more  than  two  thousand  dollars. 
R.  s.,  4210.         xhe  preceding  section  shall  not  extend  to  the  vessels  of 
foreign  nations  in  whose  ports  American  consuls  are  not 
permitted  to  have  the  custody  and  possession  of  the  regis- 
ter and  other  papers  of  vessels  entering  the  ports  of  such 
nation. 
R.  s.,  4211.        j^  gj^^jj  j^Q^  l3g  la.^vful  for  any  foreign  consul  to  deliver 
to  the  master  of  any  foreign  vessel  tlie  register  and  other 
papers  deposited  with  him  pursuant  to  the  provisions  of 
the  preceding  section,  until  such  master  shall  produce  to 
him  a  clearance  in  due  form  from  the  collector  of  the  port 
where  such  vessel  has  been  entered.    Any  consul^  offend- 
ing against  the  provisions  of  this  section  shall  be  fined  not 
less  than  five  hundred  dollars  nor  more  than  five  thousand. 
R.  s.,  4213.        It  shall  be  the  duty  of  all  masters  of  vessels  for  whom ' 
^^J'^^g'^'^^^- any  official  services  shall  be  performed  by  any  consular 
officer,  without  the  payment  of  a  fee,  to  require  a  Avritten 
statement  of  such  services  from  such  consular  officer,  and, 
after  certifying  asto  whether  such  statement  is  correct,  to 
furnish  it  to  fhe  collector  of  the  district  in  Avhich  such 
vessels  shall  first  arrive  on  their  return  to  the  United 
States;  and  if  any  such  master  of  a  vessel  shall  fail  to 
furnish  such  statement,  he  shall  be  liable  to  a  fine  of  not 
exceeding   fifty   dollars,  unless  sucli  master  shall   state 
under  oath  that  no  such  statement  was  furnished  him  by 
said  consular  officer.     And  it  shall  be  the  duty  of  every 
collector  to  forward  to  the  Secretary  of  the  Treasury  all 
such  statements  as  shall  have  been  furnished  to  him,  and 
also  a  statement  of  all  certified  invoices  which  sliall  have 


PAKT    XIII. ENTITY    AND    CLEARANCE. 


165 


come,  to  his  office,  giving  the  dates  of  the  certificates,  and 
the  names  of  the  persons  for  whom  and  of  the  consuhir 
officer  by  Ayhom  the  same  were  certified. 
182.   War  documents;  passports;  sea-letters. 

EA^ery  vessel  of  the  United  States,  going  to  any  foreign  R.  s.,  4306. 
country,  shall,  before  she  departs  from  the  United  States, 
at  the  request  of  the  master,  be  furnished  by  the  collector 
for  the  district  where  such  vessel  may  be,  with  a  passport, 
the  form  for  which  shall  be  prescribed  by  the  Secretary  of 
State.  In  order  to  be  entitled  to  such  passport,  the  mas- 
ter of  every  such  vessel  shall  be  bound,  with  sufficient 
sureties,  to  the  Treasurer  of  the  United  States,  in  the 
penalty  of  two  thousand  dollars,  conditioned  tliat  the 
passport  shall  not  be  applied  to  the  use  or  protection  of 
any  other  vessel  than  the  one  described  in  it;  and  that,  in 
case  of  the  loss  or  sale  of  any  vessel  having  such  passport, 
the  same  shall,  within  three  months,  be  delivered  up  to  the 
collector  from  whom  it  was  received,  if  the  loss  or  sale 
take  place  within  the  United  States :  or  within  six  months, 
if  the  same  shall  happen  at  any  place  nearer  than  the 
Cape  of  Good  Hope;  and  within  eighteen  months,  if  at 
a  more  distant  place. 

If  any  vessel  of  the  United  States  shall  depart  there- 
from, and  shall  be  bound  to  any  foreign  country,  other 
than  to  some  port  in  America,  without  such  passport,  the 
master  of  such  vessel  shall  be  liable  to  a  penalty  of  two 
hundred  dollars  for  every  such  offense. 

Every  unregistered  vessel  owned  by  a  citizen  of  the 
United  States,"  and  sailing  with  a  sea-letter,  going  to  any 
foreign  country,  shall,  before  she  departs  from  the  United 
States,  at  the  request  of  the  master,  be  furnished  by  the 
collector  of  the  district  where  such  vessel  may  be  with  a 
passport,  for  which  the  master  shall  be  subject  to  the  rules 
and  conditions  prescribed  for  vessels  of  the  United  States. 

Every  master  of  a  vessel,  belonging  to  citizens  of  the 
United  States,  who  shall  sail  from  any  port  of  the  United 
States,  shall,  on  his  arrival  at  a  foreign  port,  deposit  his 
register,  sea-letter,  and  Mediterranean  passport  with  the 
consul,  vice-consul,  commercial  agent,  or  vice-commercial 
agent,  if  any  there  be  at  such  port ;  and  it  shall  be  the  duty 
of  such  consul,  vice-consul,  commercial  agent,  or  vice  com- 
mercial agent,  on  such  master  or  commander  producing 
to  him  a  clearance  from  the  proper  officer  of  the  port 
where  his  vessel  may  be,  to  deliver  to  the  master  all  of 
his  papers,  if  such  master  or  comnumder  has  complied 
with  the  provisions  of  law  relating  to  the  discharge  of 
seamicn  in  a  foreign  country,  and  to  the  payment  of  the 
fees  of  consular  officers. 

Every  master  of  any  such  vessel  who  refuses  or  neglects  R.  s.,  4310. 
to  deposit  the  papers  as  required  by  the  preceding  section, 
shall  be  liable  to  a  penalty  of  five  hundred  dollars,  to  be 
recovered  by  such  consul,  vice  consul,  commercial  agent. 


R.  S.,  4307. 


R.  S.,  4308. 


R.  S.,  4309. 


166  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

or  vice-commercial  agent,  in  his  own  name,  for  the  benefit 
of  the  United  States,  in  any  court  of  competent  jurisdic- 
tion. 

183.    Illegal  boarding  of  vessel. 
R.  B.,  4606.         Every  person  who,  not  being  in  the  United  States  serv- 
ice, and  not  being  duly  authorized  by  law  for  the  purpose, 
goes  on  board  any  vessel  about  to  arrive  at  the  place  of 
her  destination,  before  her  actual  arrival,  and  before  she 
has  been  completely  moored,  without  permission  of  the 
master,  shall,  for  every  such  offense,  be  punishable  by  a 
fine  of  not  more  than  two  hundred  dollars,  and  by  im- 
prisonment for  not  more  than  six  months;  and  the  master 
of  such  vessel  may  take  any  such  person  so  going  on  board 
into  custody,  and  deliver  him  up  forthwith  to  any  consta- 
ble or  police  officer,  to  be  by  him  taken  before  any  justice 
of  the  peace,  to  be  dealt  with  according  to  the  provisions 
of  this  Title  [K.  S.,  4501-4613]. 
Mar.  31, 1900.      xiie  Secretary  of  Commerce  and  Labor  is  hereby  au- 
sec'  lo'  ^^^^  thorized  and  directed  to  prescribe  from  time  to  time  and 
enforce   regulations   governing   the   boarding   of   vessels 
arriving  at  the  seaports  of  the  United  States,  before  such 
vessels  have  been  i^roperly  inspected  and  placed  in  secu- 
rity, and  for  that  purpose  to  employ  any  of  the  officers  of 
that  [or  Treasury]  Department. 
Mar.  31, 1900.      Eacli  person  violating  such  regulations  shall  be  subject 
^^^'  ^'  to  a  penalty  of  not  more  than  one  hundred  dollars  or 

imprisonment  not  to  exceed  six  months,  or  both,  in  the 
discretion  of  the  court. 
Sec.  3.  This  Act  shall  be  construed  as  supplementary  to  section 

nine  of  chapter  three  hundred  and  seventy- four  of  the 
Statutes  of  eighteen  hundred  and  eighty  two,  and  section 
forty-six  hundred  and  six  of  the  Revised  Statutes. 


Part  XIV.— CUSTOMS  LAWS   DIEECTLY  KELATING  TO 

VESSELS. 


184. 

Boarding  and  search  of  vessel. 

188. 

185. 

Seizure   of  vessels   or   merchan- 

dise. 

189. 

186. 

Exemption  from  forfeiture. 

190. 

187. 

Procedure  in  cases  of  fines,  pen- 
alties, and  forfeiture. 

Moieties,  informers',  and  customs 

officers'  awards. 
Procedure. 
190.   Oaths  of  masters  and  owners. 


184.   Boarding  and  search  of  vessel. 

It  shall  be  lawful  for  any  officer  of  the  customs,  includ-  ^'  s.,  3059. 
ing  inspectors  and  occasional  inspectors,  or  of  a  revenue- 
cutter,  or  authorized  agent  of  the  Treasury  Department, 
or  other  person  specially  appointed  for  the  purpose  in 
writing  by  a  collector,  naval  officer,  or  surveyor,  to  go  on 
board  of  any  vessel,  as  Avell  without  as  within  his  district, 
and  to  inspect,  search,  and  examine  the  same,  and  any 
person,  trunk,  or  envelope  on  board,  and  to  this  end  to 
hail  and  stop  such  vessel  if  under  way,  and  to  use  all 
necessary  force  to  compel  compliance ;  and  if  it  shall  ap- 
pear that  any  breach  or  violation  of  the  laws  of  the 
United  States  has  been  committed,  whereby  or  in  conse- 
quence of  which  such  vessel,  or  the  merchandise,  or  any 
part  thereof,  on  board  of  or  imported  by  such  vessel,  is 
liable  to  forfeiture,  to  make  seizure  of  the  same,  or  either 
or  any  part  thereof,  and  to  arrest,  or  in  case  of  escape,  or 
any  attempt  to  escape,  to  pursue  and  arrest  any  person 
engaged  in  such  breach  or  violation. 

The  original  appointment  in  writing  of  any  person  spe-   R.  s.,  soeo. 
cially  appointed  under  the  provisions  of  the  previous 
section  shall  be  filed  in  the  custom-house  where  such  ap- 
pointment is  made. 

It  shall  be  lawful  for  all  collectors,  naval  officers,  sur-  r.  s.,  3067. 
veyors,  inspectors,  and  the  officers  of  the  revenue-cutters, 
to  go  on  board  of  vessels  in  any  port  of  the  United  States, 
or  within  four  leagues  of  the  coast  thereof,  if  bound  to 
the  United  States,  whether  in  or  out  of  their  respective 
districts,  for  the  purpose  of  demanding  the  manifests, 
and  of  examining  and  searching  the  vessels;  and  those 
officers  respectively  shall  have  free  access  to  the  cabin  and 
every  other  part  of  a  vessel. 

If  any  master  of  a  vessel  coming  into  or  having  arrived  R.  S.,  3068. 
at  any  port  within  the  United  States  shall  obstruct  or 
hinder  or  shall  intentionally  cause  any  obstructions  or  hin- 

167 


168  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

drance  to  aiw  officer  in  law  fully  going  on  board  such  ves- 
sel for  the  purpose  of  carrying  into  elfect  any  of  the  rev- 
enue laws  of  the  United  States,  he  shall  for  every  such 
offense  be  liable  to  a  penalty  of  not  more  than  five  hun- 
dred dollars  nor  less  than  fifty  dollars. 
E.  s.,  3069.  If  ^Yiy  |3Qx,  trunk,  chest,  cask,  or  other  package  shall  be 
found  in  the  cabin,  steerage,  or  forecastle  of  a  vessel,  or  in 
any  other  place  separate  from  the  residue  of  the  cargo, 
the  officer  of  the  customs  shall  take  a  particular  account 
of  such  package,  and  of  the  marks  and  numbers  thereof, 
if  any,  and  a  description  thereof,  and,  if  he  judges 
proper,  shall  seal  every  such  package;  and  such  account 
and  description  shall  be  by  him  forwarded  without  delay 
to  the  collector  of  the  district  to  which  such  vessel  is 
bound.  If  upon  her  arrival  at  the  port  of  her  entry,  the 
packages  so  described,  or  any  of  them,  are  missing,  or  if 
any  seal  put  thereon  has  been  broken,  the  master  shall  be 
liable  to  a  penalty  for  every  package  missing,  or  on  which 
any  seal  shall  be  broken,  of  two  hundred  dollars. 

185.    Seizure  of  vessels  or  merchandise. 

E.  s.,  3071.  Every  officer  or  other  person  authorized  to  make 
searches  and  seizures  by  this  Title  [R.  S.,  2517-3129] 
shall,  at  the  time  of  executing  any  of  the  powers  con- 
ferred upon  him,  make  known,  upon  being  questioned, 
his  character  as  an  officer  or  agent  of  the  customs  or  Gov- 
ernment, and  shall  have  authority  to  demand  of  an}^  per- 
son within  the  distance  of  three  miles  to  assist  him  in 
making  any  arrests,  search,  or  seizure  authorized  b}^  this 
Title,  where  such  assistance  may  be  necessary ;  and  if  such 
person  shall,  without  reasonable  excuse,  neglect  or  refuse 
so  to  assist,  upon  proper  demand,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  punishable  by  a  fine  of  not  more 
than  two  hundred  dollars,  nor  less  than  five  dollars. 

B.  s.,  3072.  It  shall  be  the  duty  of  the  several  officers  of  the  customs 
to  seize  and  secure  any  vessel  or  merchandise  which  shall 
become  liable  to  seizure  by  virtue  of  any  law  respecting 
the  revenue,  as  well  without  as  Avithin  their  respective 
districts. 
.  .,  o<3.  jjp  ^j^y  officer,  or  other  person,  executing  or  aiding  or 
assisting  in  the  seizure  of  goods,  under  any  act  pro^■iding 
for  or  regidating  the  collection  of  duties  on  imports  or 
tonnage,  is  sued  for  anything  done  in  virtue  of  the  powers 
given  thereby,  or  by  virtue  of  a  warrant  granted  by  any 
judge,  or  justice,  pursuant  to  law,  he  may  plead  the  gen- 
eral issue  and  give  such  act  and  the  special  matter  in 
evidence. 

B.  S.,  3074.  Ij^  ^^11  (..^ggg  Qf  seizure  of  property  subject  to  forfeiture 
for  any  of  the  causes  named  in  any  provision  of  law  relat- 
ing to  the  customs,  or  for  the  registering,  enrolling,  or 
licensing  of  vessels,  when,  in  the  opinion  of  the  collector 
or  other  principal  officer  of  the  revenue  making  such  seiz- 
ure, the  value  of  the  property  seized  does  not  exceed  five 


PART   XIV. CUSTOMS   LAWS   RELATING   TO   VESSELS.  169 

hundred  dollars,  he  shall  cause  a  list  and  particular  de- 
scription of  the  property  seized  to  be  prepared  in  dupli- 
cate, and  an  appraisement  of  the  same  to  be  made  by  two 
sworn  appraisers  under  the  revenue  laws,  if  there  are 
such  appraisers  at  or  near  the  place  of  seizure;  but  if 
there  are  no  such  appraisers,  then  by  two  competent 
and  disinterested  citizens  of  the  United  States,  to  be  se- 
lected by  him  for  that  purpose,  residing  at  or  near  the 
place  of  seizure;  which  list  and  appraisement  shall  be 
properly  attested  by  such  collector  or  other  officer  and  the 
persons*  making  the  appraisal.  For  such  services  of  the 
ap]:)raisers  they  shall  be  allowed  out  of  the  revenue  one 
dollar  and  fifty  cents  each,  for  every  day  necessarily 
employed  in  such  service. 

If  the  amount  of  the  appraisal  of  property  so  seized  as  ^-  s.,  3075. 
forfeited  shall  not  exceed  the  sum  of  five  hundred  dollars, 
the  collector  or  other  principal  officer  shall  publish  a  no- 
tice once  a  week  for  three  successive  weeks  in  some  news- 
paper of  the  county  or  place  where  such  seizure  shall 
have  been  made,  if  any  newspaper  shall  be  published  in 
such  county ;  but  if  no  newspaper  shall  be  published  in 
such  county,  then  such  notice  shall  be  published  in  some 
newspaper  of  the  county  in  which  the  principal  customs 
office  of  the  district  shall  be  situated ;  and  if  no  newspa- 
per shall  be  published  in  such  county,  then  notices  shall 
be  posted  in  proper  public  places,  which  notices  shall  de- 
scribe the  articles  seized,  and  state  the  time,  cause,  and 
place  of  seizure,  and  shall  require  any  person  claiming 
such  articles  to  appear  and  file  with  such  collector  or 
other  officer  his  claim  to  such  articles  within  twenty  days 
from  the  date  of  the  first  publication  of  such  notice. 

Any  person  claiming  the  property  so  seized  may,  at  any  R-  s.,  3076. 
trnie  within  twenty  days  from  the  date  of  such  publica- 
tion, file  with  the  collector  or  other  officer  a  claim,  stating 
his  interest  in  the  articles  seized,  and,  upon  depositing 
with  such  collector  or  other  officer  a  bond  to  the  United 
States  in  the  penal  sum  of  two  hundred  and  fifty  dollars, 
with  two  sureties,  to  be  approved  by  such  collector  or 
other  officer,  conditioned  that,  in  case  of  the  condemna- 
tion of  the  articles  so  claimed,  the  obligors  shall  pay  all 
t]ie  costs  and  expenses  of  the  proceedings  to  obtain  such 
condemnation.  Such  collector  or  other  officer  shall  trans- 
mit the  same,  with  the  duplicate  list  and  description  of 
the  articles  seized  and  claimed,  to  the  United  States  dis- 
trict attorney  for  the  district,  who  shall  proceed  for  a 
condemnation  of  the  property  in  the  ordinary  mode  pre- 
scribed bv  law. 

If  no  such  claim  shall  be  filed  or  bond  given  withm  the  E.  s.,  3077. 
twenty  days  above  specified,  such  collector  or  other  officer 
shall  give  not  less  than  fifteen  days'  notice  of  the  sale  of 
the  property  so  seized,  by  publication  in  the  manner  be- 
fore mentioned;  and,  at 'the  time  and  place  specified  in 


170  NAVIGATTON   LAWS   OF   THE   UNITED   STATES. 

such  notice,  he  shall  sell  at  public  auction  the  property  so 
seized,  and  shall  deposit  the  proceeds,  after  deducting  the 
actual  expenses  of  such  seizure,  publication,  and  sale,  in 
the  Treasury  of  the  United  States,  as  shall  be  directed  by 
the  Secretary  of  the  Treasury.     The  collector,  however, 
shall  have  power  to  adjourn  such  sale  from  time  to  time 
for  a  period  not  exceeding  thirty  days  in  all. 
R.  s.,  3078.        Any  person  claiming  to  be  interested  in  the  property 
Feb.  14,  1903.  g^j^j  under  the  provisions  of  the  preceding  section  may. 
Sec.  10.  within  three  months  after  such  sale,  apply  to  the  Secre- 

tary of  the  Treasury  for  a  remission  of  the  forfeiture  and 
a  restoration  of  the  proceeds  of  such  sale,  and  the  same 
may  be  granted  by  the  Secretary  upon  satisfactory  proof, 
to  be  furnished  in  such  manner  as  he  shall  direct,  that  the 
applicant,  at  the  time  of  the  seizure  and  sale  of  the  prop- 
erty in  question,  did  not  know  of  the  seizure,  and  was  in 
such  circumstances  as  prevented  him  from  knowing  of 
the  same,  and  that  such  forfeiture  was  incurred  without 
willful  negligence  or  any  intention  of  fraud  on  the  part 
of  the  owner  of  such  property.  [Note. — In  certain  cases 
the  application  will  be  made  to  the  Secretary  of  Com- 
merce and  Labor — Feb.  14,  1903,  sec.  10.] 
R.  s.,  3079.  If  no  application  for  such  remission  or  restoration  shall 
Feb.  14,  1903.  ijg  niade  within  three  months  after  such  sale,  the  Secretary 
of  the  Treasury  [or  Secretary  of  Commerce  and  Labor] 
shall  then  cause  the  proceeds  of  such  sale  to  be  distributed 
in  the  same  manner  as  if  such  property  had  been  con- 
demned and  sold  in  pursuance  of  a  decree  of  a  competent 
court. 
R.  s.,  3080.  Whenever  seizure  shall  be  made  of  any  property  which, 
in  the  opinion  of  the  appraisers,  is  liable  to  perish  or 
waste,  or  to  be  greatly  reduced  in  value  by  keeping,  or 
which  cannot  be  kept  without  great  disproportionate  ex- 
pense, whether  such  property  consists  of  live  animals  or 
merchandise,  and  when  the  property  thus  seized  shall  not 
exceed  five  hundred  dollars  in  value,  and  Avhen  no  claim 
shall  have  been  interposed  therefor  as  is  hereinbefore  pro- 
vided, the  appraisers,  if  requested  by  the  collector  or 
principal  officer  making  the  seizure,  at  the  time  when  such 
appraisal  is  made,  shall  certify  on  oath  in  their  appraisal 
their  belief  that  the  property  seized  is  liable  to  speedy  de- 
terioration, or  that  the  expenses  of  its  keeping  will  largely 
reduce  the  net  proceeds  of  the  sale;  and  in  case  the  ap- 
praisers thus  certify,  such  collector  or  other  officer  may 
proceed  to  advertise  and  sell  the  same  at  auction,  by  giv- 
ing notice  for  such  time  as  he  may  think  reasonable,  but 
not  less  than  one  week,  of  such  seizure  and  intended  sale, 
by  advertisement  as  is  hereinbefore  provided;  and  the 
proceeds  of  such  sale  shall  be  deposited  to  the  credit  of  the 
Treasurer  of  the  United  States,  subject,  nevertheless,  to 
the  p'iyment  of  such  claims  as  shall  be  presented  within 
three  months  from  the  day  of  sale,  and  allowed  by  the 
Secretary  of  the  Treasury. 


PART   XIV. — CUSTOMS   LAWS   RELATING   TO   VESSELS.  171 

The  collectors  of  the  several  districts  of  the  United  R- s.,  308i. 
States,  in  all  cases  of  seizure  of  any  merchandise  for  vio- 
lation of  the  revenue  laws,  the  appraised  value  of  which, 
in  the  district  wherein  such  seizure  shall  be  made,  does 
not  exceed  one  thousand  dollars,  are  hereby  authorized, 
subject  to  the  approval  of  the  Secretary  of  the  Treasury, 
to  release  such  merchandise  on  payment  of  the  appraised 
value  thereof. 

Whenever  any  seizure  shall  be  made  for  the  purpose  of  ^-  S-  ^^sa. 
enforcing  any  forfeiture,  the  collector  or  other  person 
causing  such  seizure  to  be  made  shall  immediately  give 
information  thereof  to  the  Solicitor  of  the  Treasury. 

All  merchandise  or  property  of  any  kind  seized  under  R.  s.,  3086. 
the  provisions  of  any  law^  of  the  United  States  relating 
to  the  customs,  shall,  unless  otherwise  provided  for  by 
law,  be  placed  and  remain  in  the  custody  of  the  collector 
or  other  principal  officer  of  the  customs  of  the  district  in 
which  the  seizure  shall  be  made,  to  abide  adjudication 
by  the  proper  tribunal,  or  other  disposition  according  to 
law. 

186.  Exemption  from,  forfeiture. 

No  vessel  used  by  any  person  or  corporation,  as  common  R-  s.,  3063. 
carriers,  in  the  transaction  of  their  business  as  such  com-  ^®^-  ®'  ^^®^- 
mon  carriers,  shall  be  subject  to  seizure  or  forfeiture  by 
force  of  the  provisions  of  Title  thirty-four  [E.  S.,  2517- 
3129]  of  the  Revised  Statutes  of  the  United  States 
unless  it  shall  appear  that  the  owner  or  master  of  such 
vessel  at  the  time  of  the  alleged  illegal  act  was  a  consent- 
ing party  or  privy  thereto. 

187.  Procedure  in  cases  of  fines,  penalties,  and  forfeiture. 

The  several  collectors  of  customs  shall  report  within  ten  R-  s.,  3084. 
days  to  the  district  attorney  of  the  district  in  which  any 
fine,  penalty,  or  forfeiture  may  be  incurred  for  the  viola- 
tion of  any  law  of  the  United  States  relating  to  the 
revenue,  a  statement  of  all  the  facts  and  circumstances  of 
the  case  within  tlieir  knowledge,  or  which  may  come  to 
their  knowledge  from  time  to  time,  stating  the  names  of 
the  witnesses,  and  the  provisions  of  the  law  believed  to  be 
violated,  and  on  which  a  reliance  may  be  had  for  con- 
demnation or  conviction.  If  any  collector  shall  in  any 
case  fail  to  report  to  the  proper  district  attorney,  as  pre- 
scribed in  this  section,  such  collector's  right  to  any  com- 
pensation, benefit,  or  allowance  in  such  case  shall  be 
forfeited  to  the  United  States,  and  the  same  may,  in  the 
discretion  of  the  Secretary  of  the  Treasury,  be  awarded 
to  such  persons  as  may  make  complaint  and  prosecute  the 
same  to  judgment  or  conviction. 

District  attorneys,  upon  receiving  the  report  of  a  col-   r.  s.,  3085. 
lector,  shall  cause  suit  and  prosecution  to  be  commenced 
and  prosecuted  without  delay  for  the  fines  and  personal 
penalties  by  law  in  such  case  provided,  unless  upon  in- 


172 


NAVIGATION    LAWS    UF    THE    UNITED    STATES. 


quiry  and  examination  tliev  shall  decide  that  a  conviction 
cannot  ])robably  be  obtained,  or  that  the  ends  of  public 
justice  do  not  require  that  a  suit  or  prosecution  should  be 
instituted,  in  which  case  they  shall  report  the  facts  to  the 
Secretary  of  the  Treasury  for  his  direction.  For  ex- 
penses incurred  and  services  rendered  in  prosecution  for 
such  fines  and  personal  penalties,  the}^  shall  receive  such 
allowance  as  the  Secretary  of  the  Treasury  shall  deem 
just  and  reasonable,  upon  the  certificate  of  the  judge 
before  whom  such  ]3rosecution  was  had. 

R.  s.,  3087.  The  collector  within  whose  district  any  seizure  shall  be 

made  or  forfeiture  incurred  for  an}^  violation  of  the  duty 
laws  is  hereby  enjoined  to  cause  suits  for  the  same  to  be 
com.menced  without  delaj^,  and  prosecuted  to  effect;  and 
is,  moreover,  authorized  to  receive  from  the  court  within 
which  such  trial  is  had,  or  from  the  proper  officer  thereof, 
the  sum  recovered,  after  deducting  all  proper  charges  to 
be  allowed  by  the  court ;  and  on  receipt  thereof  he  shall 
pay  and  distribute  the  same  without  delay,  according  to 
law. 

R.  s.,  3088.  Whenever  a  vessel,  or  the  owner  or  master  of  a  vessel, 

has  become  subject  to  a  penalty  for  a  violation  of  the  rev- 
enue laws  of  the  United  States,  such  vessel  shall  be  holden 
for  the  payment  of  such  penalty,  and  may  be  seized  and 
proceeded  against  summarily  by  libel  to  recover  such 
penalty. 

R.  s.,  3089.  Whenever  a  seizure,  condemnation,  and  sale  of  mer- 

chandise takes  place  within  the  United  States,  and  the 
value  thereof  is  less  than  two  hundred  and  fifty  dollars, 
that  part  of  the  forfeiture  which  accrues  to  the  United 
States,  or  so  much  thereof  as  may  be  necessary,  shall  be 
applied  to  the  payment  of  the  cost  of  the  prosecution. 

188.   Moieties,  informers'  and  customs  oflacers'  awards. 

All  provisions  of  law  under  which  moieties  of  any  fines, 
penalties,  or  forfeitures,  under  the  customs-revenue  laws, 
or  any  share  therein,  or  commission  thereon,  are  paid  to 
informers,  or  officers  of  customs,  or  other  officers  of  the 
United  States,  are  hereby  repealed;  and  from  and  after 
o"°^on^'  ^^^^^'  ^^^^  ^^^®  ^^  ^^^®  passage  of  this  act  the  proceeds  of  all  such 
fines,  penalties,  and  forfeitures  shall  be  paid  into  the 
Treasury  of  the  United  States. 

It  shall  hereafter  be  the  duty  of  the  Secretary  of  the 
Treasury,  out  of  any  money  specifically  appropriated  by 
Congress,  to  make  suitable  compensation  in  certain  cases 
under  the  customs  revenue  laws,  as  hereinafter  provided, 
and  not  otherwise ;  and  he  shall  annually  report  to  Con- 
gress, in  detail,  all  payments  by  him  for  such  purpose. 

Whenever  any  officer  of  the  customs  or  other  person 
shall  detect  and  seize  goods,  wares,  or  merchandise,  in  the 
act  of  being  smuggled,  or  which  have  been  smuggled,  he 
shall  be  entitled  to  such  compensation  therefor  as  the  Sec- 


June  22,  1874 
Sec.  2. 


Sec.  20. 


Juno  2 
Sec.  3. 


Sec.  4. 


1874. 


PART   XIV. CUSTOMS   LAWS   XlEL-.-iriNG   TO   VESSELS.  173 


reran  of  the  Treasury  shall  award,  not  exceeding  in 
amount  one-half  of  the  net  proceeds,  if  any,  resulting 
from  such  seizure,  and  deducting  all  duties,  costs,  and 
charges  connected  therewith: 

Pi'ooided^  That  for  the  purposes  of  this  act  smuggling 
shall  be  construed  to  mean  the  act,  wdth  intent  to  defraud, 
of  bringing  into  the  United  States,  or,  Avith  like  intent, 
attempting  to  bring  into  the  United  States,  dutiable  arti- 
cles Avithout  passing  the  same,  or  the  package  containing 
the  same,  through  the  custom  house,  or  submitting  tiiem 
to  the  officers  of  the  revenue  for  examination.  And  when- 
ever any  person  not  an  ofRcer  of  the  United  States  shall 
furnish  to  a  district  attorney,  or  to  any  chief  officer  of  the 
customs,  original  information  concerning  any  fraud  upon 
the  customs-revenue,  perpetrated  or  contemplated,  wdiich 
shall  lead  to  the  recovery  of  any  duties  withheld,  or  of 
any  fine,  penalty,  or  forfeiture  incurred,  whether  by  im- 
porters or  their  agents,  or  by  any  officer  or  person  em- 
ployed in  the  customs-service,  such  compensation  may.  on 
such  recovery,  be  paid  to  such  person  so  furnishing  infor- 
mation as  shall  be  just  and  reasonable,  not  exceeding  in 
any  case  the  sum  of  five  thousand  dollars;-  which  compen- 
sation shall  be  paid,  under  the  direction  of  the  Secretary 
of  the  Treasury,  out  of  any  mone^^  appropriated  for  that 
purpose. 

No  payment  shall  be  made  to  any  person  furnishing  See.  a 
information  in  any  case  wdierein  judicial  proceedings  shall 
have  been  instituted,  unless  his  claim  to  compensation 
shall  have  been  established  to  the  satisfaction  of  the  court 
or  judge  having  cognizance  of  such  proceedings,  an.d  the 
value  of  his  services  duly  certified  by  said  court  or  judge 
for  the  information  of  the  Secretar}^  of  the  Treasury;  but 
no  certificate  of  the  value  of  such  services  shall  be  conclu- 
sive of  the  amount  thereof.  And  wdien  any  fine,  penalty, 
or  forfeiture  shall  be  collected  without  judicial  proceed- 
ings, the  Secretary  of  the  Treasury  shall,  before  direct- 
ing payment  to  any  person  claiming  such  compensation, 
require  satisfactory  proof  that  such  person  is  justly  en- 
titled thereto. 

Except  in  cases  of  smuggling  as  aforesaid,  it  shall  not  ^ec.  7. 
be  lawful  for  anj^  officer  of  the  United  States,  under  anj' 
pretense  whatever,  direct!}^  or  indirectly,  to  receive,  ac- 
cept, or  contract  for  an}^  portion  of  the  money  wdiich  \w^}\ 
under  any  of  the  provisions  of  this  or  any  other  act. 
accrue  to  any  such  person  furnishing  information;  and 
any  such  officer  who  shall  so  receive,  accept,  or  contract 
for  an}^  portion  of  the  money  that  may  accrue  as  aforesaid 
shall  be  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  liable  to  a  fine  not  exceeding  five  thou- 
sand dollars,  or  imprisonment  for  not  more  than  one 
year,  or  both,  in  the  discretion  of  the  court,  and  shall 
not  be  thereafter  eligible  to  any  office  of  honor,  trust,  or 
emolument. 


174  NAVIGATION   LAWS    OF    THE   UNITED   STATES. 

And  any  such  i^erson  so  furnishing  information  as 
aforesaid,  who  shall  pay  to  any  such  officer  of  the  United 
States,  or  to  any  j^erson  for  his  use,  directly  or  indirectl}^, 
any  portion  of  said  money,  or  any  other  A^aluable  thing, 
on  account  of  or  because  of  such  money,  shall  have  a 
right  of  action  against  such  officer  or  other  person,  and 
his  legal  representatives,  to  recover  back  the  same,  or  the 
value  thereof. 

Sec.  8.  Xo  officer,  or  other  person  entitled  to  or  claiming  com- 

pensation under  any  provision  of  this  act,  shall  be  thereby 
disqualified  from  becoming  a  witness  in  any  action,  suit, 
or  proceeding  for  the  recovery,  mitigation,  or  remission 
thereof,  but  shall  be  subject  to  examination  and  cross- 
examination  in  like  manner  with  other  witnesses,  without 
being  thereby  deprived  of  any  right,  title,  share,  or  in- 
terest in  any  fine,  penalty,  or  forfeiture  to  which  such 
examination  may  relate;  and  in  every  such  case  the  de- 
fendant or  defendants  may  api^ear  and  testify  and  be  ex- 
amined and  cross-examined  in  like  manner. 
189.   Procedure. 

Sec.  5.  In  all  suits  and  proceedings  other  than  criminal  aris- 

ing under  any  of  the  revenue-laws  of  the  United  States, 
the  attorney  representing  the  Government,  whenever,  in 
his  belief,  any  business-book,  invoice,  or  paper,  belonging 
to  or  under  the  control  of  the  defendant  or  claimant,  will 
tend  to  prove  any  allegation  made  by  the  United  States, 
may  make  a  Avritten  motion,  particularly  describing  such 
book,  invoice,  or  paper,  and  setting  forth  Hie  allegation 
which  he  expects  to  prove;  and  thereupon  the  court  in 
which  suit  or  proceeding  is  pending  may,  at  its  discre- 
tion, issue  a  notice  to  the  defendant  or  claimant  to  pro- 
duce such  bookj  invoice,  or  paper  in  court,  at  a  day  and 
hour  to  be  specified  in  said  notice,  which,  together  with  a 
copy  of  said  motion,  shall  be  served  formally  on  the  de- 
fendant or  claimant  by  the  United  States  marshal  by 
delivering  to  him  a  certified  copy  thereof,  or  otherwise 
serving  the  same  as  original  notices  of  suit  in  the  same 
court  are  served;  and  if  the  defendant  or  claimant  shall 
fail  or  refuse  to  j^roduce  such  book,  invoice,  or  paper  in 
obedience  to  such  notice,  the  allegations  stated  in  the 
said  motion  shall  be  taken  as  confessed  unless  his  failure 
or  refusal  to  produce  the  same  shall  be  explained  to  the 
satisfaction  of  the  court.  And  if  produced,  the  said 
attorney  shall  be  permitted,  under  the  direction  of  the 
court,  to  make  examination  (at  which  examination  the 
delendant  or  claimant,  or  his  agent,  ma}^  be  present)  of 
such  entries  in  said  book,  invoice,  or  paper  as  relate  to  or 
tend  to  prove  the  allegation  aforesaid,  and  may  offer  the 
same  in  evidence  on  behalf  of  the  United  States.  But  the 
owner  of  said  books  and  papers,  his  agent  or  attorney, 
shall  have,  subject  to  the  order  of  the  court,  the  custody 
of  them,  except  pending  their  examination  in  court  as 
aforesaid. 


PART   XIV. CUSTOMS   LAWS   RELATING   TO   VESSELS.  175 

It  shall  be  the  duty  of  any  officer  or  person  employed  in  ^ec.  15. 
the  customs-revenue  service  of  the  United  States,  upon 
detection  of  any  violation  of  the  customs  laws,  forthwith 
to  make  complaint  thereof  to  the  collector  of  the  district, 
whose  duty  it  shall  be  promptly  to  report  the  same  to  the 
district  attorney  of  the  district  in  which  such  frauds  shall 
be  committed.  Immediately  upon  the  receipt  of  such 
complaint,  if,  in  his  judgment,  it  can  be  sustained,  it 
shall  be  the  duty  of  such  district  attorney  to  cause  investi- 
gation into  the  facts  to  be  made  before  a  United  States 
commissioner  having  jurisdiction  thereof,  and  to  initiate 
proper  proceedings  to  recover  the  fines  and  penalties  in 
the  premises,  and  to  prosecute  the  same  with  the  utmost 
diligence  to  final  judgment. 

Whenever,  for  an  alleged  violation  of  the  customs-rev-  See.  17. 
enue  laws,  any  person  who  shall  be  charged  with  having 
incurred  any  fine,  penalty,  forfeiture,  or  disability  other 
than  imprisonment,  or  shall  be  interested  in  any  vessel 
or  merchandise  seized  or  subject  to  seizure,  when  the 
appraised  value  of  such  vessel  or  merchandise  is  not  less 
than  one  thousand  dollars,  shall  present  his  petition  to 
the  judge  of  the  district  in  which  the  alleged  violation 
occurred,  or  in  which  the  property  is  situated,  setting 
forth,  truly  and  particularly,  the  facts  and  circumstances 
of  the  case,  and  praying  for  relief,  such  judge  shall,  if 
the  case,  in  his  judgment,  requires,  proceed  to  inquire,  in 
a  summary  manner  into  the  circumstances  of  the  case,  at 
such  reasonable  time  as  may  be  fixed  by  him  for  that  pur- 
pose, of  which  the  district  attorney  and  the  collector  shall 
l3e  notified  by  the  petitioner,  in  order  that  they  may  at- 
tend and  show  cause  why  the  petition  should  be  refused. 

The  summary  investigation  hereby  provided  for  may  be  see.  18.  . 
held  before  the  judge  to  Avhom  the  petition  is  presented, 
or  if  he  shall  so  direct,  before  any  United  States  commis- 
sioner for  such  district,  and  the  facts  appearing  thereon 
shall  be  stated  and  annexed  to  the  petition,  and,  together 
with  a  certified  copy  of  the  evidence,  transmitted  to  the 
Secretary  of  the  Treasury,  who  shall  thereupon  have 
power  to  mitigate  or  remit  such  fine,  penalty,  or  forfei- 
ture, or  remove  such  disability,  or  any  jpart  thereof,  if.  in 
his  opinion,  the  same  shall  have  been  incurred  without 
willful  negligence  or  any  intention  of  fraud  in  the  person 
or  persons  incurring  the  same,  and  to  direct  the  prosecu- 
tion, if  any  shall  have  been  instituted  for  the  recovery 
thereof,  to  cease  and  be  discontinued  upon  such  terms  or 
conditions  as  he  may  deem  reasonable  and  just. 

It  shall  not  be  lawful  for  any  officer  or  officers  of  the  ^^^-  ^^* 
United  States  to  compromise  or  abate  any  claim  of  the 
United  States  arising  under  the  customs  laws,  for  any 
fine,  penalty,  or  forfeiture  incurred  by  a  violation  there- 
of; and  any  officer  or  person  who  shall  so  compromise  or 
abate  any  such  claim,  or  attempt  to  make  such  compro- 
mise or  abatement,  or  in  any  manner  relieve  or  attempt  to 


176  NAVTGATIO^T    LAWS    OF    THE    UNITED    STATES. 

relieve  from  such  fine,  penalty,  or  forfeiture,  shall  be 
deemed  guilty  of  a  felony,  and,  on  conviction  thereof, 
shall  suffer  imprisonment  not  exceeding  ten  years,  and  be 
fined  not  exceeding  ten  thousand  dollars. 

Jan.  22. 1S75.  Notiii^g  {^  this  section  shall  be  construed  to  affect  any 
authority,  power,  or  right  which  might  theretofore  have 
been  lawfully  exercised  by  any  court,  judge,  or  district 
attorney  of  the  United  States  to  obtain  the  testimony  of 
an  accomplice  in  any  crime  against,  or  fraud  upon  the 
customs-revenue  laws,  on  any  trial  or  proceeding  for  a 
fine,  penalty,  or  forfeiture  under  said  laws,  by  a  discon- 
tinuance or  dismissal,  or  b}^  an  engagement  to  discontinue 
or  dismiss  any  proceedings  against  such  accomplice. 

June  22, 1874.      Provided,  however,  That  the  Secretary  of  the  Treasury 

^^^'  ^^'  shall  have  power  to  remit  any  fines,  penalties,  or  forfei- 

tures, or  to  compromise  the  same,  in  accordance  with  ex- 
isting laAv. 

Sec.  20.  Whenever  any  application  shall  be  made  to  the  Secre- 

tary of  the  Treasury  for  the  mitigation  or  remission  of 
any  fine,  penalty,  or  forfeiture,  or  the  refund  of  any 
duties,  in  case  the  amount  involved  is  not  less  than  one 
thousand  dollars,  the  applicant  shall  notify  the  district 
attorney  and  the  collector  of  customs  of  the  district  in 
which  the  duties,  fine,  penalty,  or  forfeiture  accrued ;  and 
it  shall  be  the  dut}^  of  such  collector  and  district  attorney 
to  furnish  to  the  Secretary  of  the  Treasury  all  practicable 
information  necessary  to  enable  him  to  protect  the  inter- 
ests of  the  United  States. 
190.    Oaths  of  masters  and  owners. 

R.  s.,  3094.  Nothing  contained  in  this  Title  [K.  S.,  2517-3094]  shall 

be  construed  to  exempt  the  masters  or  owners  of  vessels 
from  making  and  sub.scribing  am'  oaths  required  b}-  any 
laws  of  the  United  States  not  immediately  relating  to  the 
collection  of  the  duties  on  the  importation  of  merchandise 
into  the  United  States. 


Part  XV.— EXTRY  OF  MERCHANDISE. 


191. 

Definitions. 

213. 

192. 

Ports  of  entry. 

214. 

193. 

Vessels  bound  to  port  of  delivery. 

194. 

lieport  and  declaration  of  master. 

215. 

195. 

Special      inward     manifest     for 

Treasury  Department. 

216. 

196. 

Cargo  in  bulk. 

217. 

197. 

Bond  of  cargo  for  re-export. 

198. 

Inspection  of  merchandise  laden 

218. 

for  export. 

219. 

199. 

Transfer    of    imported    merchan- 

220. 

dise  for  export. 

221. 

200. 

Delivery  of  cargo  in  various  dis- 

222. 

tricts. 

223. 

201. 

Vessels  exempt  from  entry. 

224. 

202. 

Vessels     exempt     from     certain 

225. 

charges. 

226. 

203. 

Entry    of    wines    and    distilled 

spirits. 

227. 

204. 

Sea-stores. 

228. 

205. 

Coal. 

229. 

206. 

Baggage  and  tools  of  trade. 

230. 

207. 

Marks,  brands,  and  trade-marks. 

231. 

208. 

Cigars. 

232. 

209. 

Oaths. 

210. 

Inward  manifests. 

233. 

211. 

Inspection  of  inward  manifest  by 

234. 

boarding  officer. 

235. 

212. 

Entry  of  merchandise  at  special 
ports. 

Clearance  at  special  ports. 

Entry  of  merchandise  for  differ- 
ent port  of  destination. 

Comparison  of  cargo  and  mani- 
fest. 

Illegal  unlading. 

Special  permit  to  unlade  by  night 
and  preliminary  entry. 

Unlading  by  day. 

Supervision  of  unlading. 

Limit  of  time  for  unlading. 

Unlading  of  wines  and  spirits. 

Post  entry. 

Returns  of  unlading  of  cargo. 

Vessels  in  distress. 

Obstruction  by  ice. 

Unlawful  removal  of  bonded  mer- 
chandise. 

Transportation  in  bond. 

Transportation  to  special  ports. 

Immediate  delivery. 

Immediate  transportation. 

Salvage  of  merchandise. 

Fraudulent  importation  of  mer- 
chandise. 

Bribery  and  solicitation  of  bribes. 

Express  packages. 

Liens  for  freight  or  general  aver- 
age. 


R.  S.,  2766. 


191.   Definitions. 

The  word  ''  merchandise."  as  used  in  this  Title  [R.  S., 
2517-3129],  may  inchide  goods,  wares,  and  chattels  of 
everv  description  capable  of  being  imported. 

The  word  ''  port,"  as  used  in  this  Title  [E.  S.,  2517-  R-  s.,  2767. 
3129],  may  include  any  place  from  which  merchandise 
can  be  shipped  for  importation,  or  at  which  merchandise 
can  be  imported.  ^  ^    .^.^ 

The  word  ''  master,"  as  used  in  this  Title  [R.  S.,  2517-  ^-  ^^  2' 68. 
3129],  m.ay  include  any  person  having  the  chief  charge  or 
command  of  the  employment  and  navigation  of  a  vessel. 

In  cases  where  the  forms  of  official  documents,  as  pre-   R-  S-,  2769. 
scril^ed  by  this  Title  [R.  S..  2517-3129],  shall  be  substan- 
tiallv  complied  with  and  observed,  according  to  the  true 
intent  thereof,  no  penalty  or  forfeiture  shall  be  incurred 
by  a  deviation  therefrom. 

96G94°— 11 12  177 


178  NAVIGATION   LAWS   OF    THE   UNITED    STATES. 

192.  Ports  of  entry. 

E.  s.,  2770.  It  shall  not  be  lawful  to  make  entry  of  any  vessel  which 
shall  arrive  within  the  United  States,  from  any  foreign 
port,  or  of  the  cargo  on  board  such  vessel,  elsewhere  than 
at  one  of  the  ports  of  entry  designated  in  chapter  one 
[R.  S.,  2517-2612]  of  this  Title  [R.  S.,  2517-3129]  ;  nor  to 
unlade  the  cargo,  or  any  part  thereof,  elsewhere  than  at 
one  of  the  ports  of  delivery  therein  designated,  except 
thnt  every  port  of  entry  shall  be  also  a  port  of  delivery. 
This  section  shall  not  prevent  the  master  or  commander 
of  any  vessel  from  making  entry  with  the  collector  of  any 
district  in  which  such  vessel  may  be  owned,  or  from  which 
she  may  have  sailed  on  the  voyage  from  which  she  shall 
then  have  returned. 

[For  list  of  ports  of  entry  and  delivery  see  paragraph 
470,  page  489.] 

R.  s.,  2771.  Vessels  which  are  not  vessels  of  the  United  States  shall 
be  admitted  to  unlade  only  at  ports  of  entry  established 
by  law;  and  no  such  vessel  shall  be  admitted  to  make 
entry  in  any  other  district  than  in  the  one  in  Avhich  she 
shall  be  admitted  to  unlade. 

193.  Vessels  bound  to  port  of  delivery. 

R.  s.,  2772.  ^\^Q  master  of  every  vessel  bound  to  a  port  of  delivery 
only,  in  any  district,  shall  first  come  to  at  the  port  of 
entry  of  such  district,  with  his  vessel,  and  there  make  re- 
port and  entry  in  writing,  and  pay  all  duties  required  by 
law,  port  fees  and  charges,  before  such  vessel  shall  pro- 
ceed to  her  port  of  delivery.  Any  master  of  a  vessel  who 
shall  proceed  to  a  port  of  delivery  contrary  to  such  direc- 
tions shall  be  liable  to  a  penalty  of  five  hundred  dollars, 
to  be  recovered  with  costs  of  suit. 

194.  Report  and  declaration  of  master. 

R.  s.,  2774.  Within  twenty-four  hours  after  the  arrival  of  an}^  ves- 
sel, from  any  foreign  port,  at  any  port  of  the  United 
States  established  by  law,  at  which  an  officer  of  the  cus- 
toms resides,  or  within  any  harbor,  inlet,  or  creek  thereof, 
if  the  hours  of  business  at  the  office  of  the  chief  officer  of 
the  customs  at  such  port  will  permit,  or  as  soon  thereafter 
as  such  hours  will  permit,  the  master  shall  repair  to  such 
office,  and  make  report  to  the  chief  officer,  of  the  arrival  of 
the  vessel;  and  he  shall,  within  forty-eight  hours  after 
such  arrival,  make  a  further  report  in  writing,  to  the  col- 
lector of  the  district,  which  report  shall  be  'in  the  form, 
and  shall  contain  all  the  particulars  required  to  be  in- 
serted in,  and  verified  like,  a  manifest.  Every  master 
who  shall  neglect  or  omit  to  make  either  of  such  reports 
and  declarations,  or  to  verify  any  such  declaration  as  re- 
quired, or  shall  not  fully  comply  with  the  true  intent  and 
meaning  of  this  section,  shall,  for  each  offense,  be  liable 
to  a  penalty  of  one  thousand  dollars. 


PART    XV. ENTRY    OF    MERCHANDISE.  179 

Tlie  master  of  any  vessel  having  on  board  distilled  ^-  S--  2775. 
spirits,  or  wines,  shall,  within  forty-eight  hours  after  his 
arrival,  whether  the  same  be  at  the  first  port  of  arrival  of 
such  vessel  or  not,  in  addition  to  the  requirements  of  the 
preceding  section,  report  in  writing  to  the  surveyor  or  offi- 
cer acting  as  inspector  of  the  revenue  of  the  port  at  which 
he  has  arrived,  the  foreign  port  from  which  he  last 
sailed,  the  name  of  his  vessel,  his  own  name,  the  tonnage 
and  denomination  of  such  vessel,  and  to  what  nation  be- 
longing, together  with  the  quantity  and  kinds  of  spirits 
and  wines,  on  board  of  the  vessel,  particularizing  the 
number  of  casks,  vessels,  cases,  or  other  packages  contain- 
ing the  same,  with  their  marks  and  numbers,  as  also  the 
quantity  and  kinds  of  spirits  and  wines,  on  board  such 
\essel  as  sea -stores,  and  in  default  thereof  he  shall  be 
liable  to  a  penalty  of  five  hundred  dollars  and  any  spirits 
omitted  to  be  reported  shall  be  forfeited. 

If  any  vessel,  having  arrived  within  the  limits  of  any  R.  s.,  2773. 
collection-district,  from  any  foreign  port,  departs,  or 
attempts  to  depart  from  the  same,  unless  to  proceed  on 
her  way  to  some  more  interior  district  to  which  she  may 
be  bound,  before  report  or  entry  shall  have  been  made  by 
the  master  with  the  collector  of  some  district,  the  master 
shall  be  liable  to  a  penalty  of  four  hundred  dollars;  and 
any  collector,  naval  officer,  surveyor,  or  commander  of 
any  revenue-cutter  ma}^  cause  such  vessel  to  be  arrested 
and  brought  back  to  the  most  convenient  port  of  the 
United  States.  If,  however,  it  is  made  to  appear  by  the 
oath  of  the  master,  and  of  the  person  next  in  command, 
or  by  other  sufficient  proof  to  the  satisfaction  of  the 
collector  of  the  district  within  which  such  vessel  shall 
afterward  come,  or  to  the  satisfaction  of  the  court  in 
which  the  prosecution  for  such  penalty  may  be  had,  that 
the  departure  or  attempt  to  depart  was  occasioned  by 
stress  of  weather,  pursuit  or  duress  of  enemies,  or  other 
necessity,  the  penalty  imposed  by  this  section  shall  not  be 
incurred. 
195.   Special  inward  manifest  for  Treasury  Department. 

Each  master  of  a  vessel  arriving  in  the  United  States  Mar.  2,  1895. 
from  a  foreign  port  except  vessels  carrying  traiiic  in  bond 
on  transfer  ferries  shall,  immediately  upon  landing  and 
before  entering  his  vessel  at  the  custom-house,  mail  to  the 
Auditor  for  the  Treasury  Department,  Washington,  a 
true  copy  of  the  manifest  of  his  vessel,  and  shall  on  enter- 
ing his  vessel  make  affidavit  that  he  has  mailed  such  copy 
and  that  the  same  is  true  and  correct;  and  he  shall  also 
mail  to  the  said  Auditor  a  true  copy  of  the  corrected 
manifest  filed  on  any  post  entry  of  his  vessel.  Any  mas- 
ter who  neglects  or  refuses  to  mail  to  the  Auditor  the  re- 
quired copy  of  the  original  or  corrected  manifest  shall 
be  subject  to  the  same  fines  and  penalties  fixed  by  law  for 
his  failure  to  deliver  the  manifest  of  his  vessel  to  the  col- 


Sec.  9. 


180  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

lector:  Provided,  That  this  section  shall  not  apply  to 
ports  where  there  is  a  naval  officer. 

196.  Carg-o  in  bulk. 

R.  s.,  2776,  Vessels  arriving  at  a  port  of  entry  in  the  United  States, 
Sec  *^2^9^'  ^^^^  laden  with  coal,  salt,  railroad  iron  and  other  like  articles 
in  bulk  may  proceed  to  places  within  that  collection  dis- 
trict to  be  specially  designated  by  the.  Secretary  of  the 
Treasury  by  general  regulations  or  otherwise,  under  the 
superintendence  of  customs  officers,  at  the  expense  of  the 
parties  interested,  for  the  purpose  of  unlading  cargoes  of 
the  character  before  mentioned. 

197.  Bond  of  cargo  for  re-export. 

R.  s.,  2776.  ^^j-^y  vessel  may  proceed  with  any  merchandise  brought 
in  her,  and,  in  the  manifest  delivered  to  the  collector  of 
the  customs,  reported  as  destined  for  any  foreign  port, 
from  the  district  within  which  such  A^essel  shall  first 
arrive  to  such  foreign  port  without  paying  or  securing 
the  payment  of  any  duties  upon  such  merchandise  as  shall 
be  actually  re-exported  in  the  vessel.  But  the  manifest 
so  declaring  to  re-export  such  merchandise  shall  be 
delivered  to  such  collector  within  forty-eight  hours  after 
the  arrival  of  the  A^essel.  And  the  master  of  such  vessel 
shall  give  bond  as  required  by  the  next  section. 

R.  s.,  2777.  The  master  of  any  vessel  so  destined  for  a  foreign  ])ort 
shall  give  bond,  with  one  or  more  sureties,  in  a  sum  equal 
to  the  amount  of  the  duties  upon  the  merchandise,  as  the 
same  shall  be  estimated  by  the  collector  and  naval  officer 
of  the  j)ort  where  the  report  shall  be  made,  to  the  satis- 
faction of  the  collector,  with  condition  that  the  merchan- 
dise, or  any  part  thereof,  shall  not  be  landed  within  the 
United  States,  unless  due  entry  thereof  shall  have  been 
first  made  and  the  duties  thereupon  paid,  according  to 
law.  Such  bond  shall  be  taken  for  the  same  period,  and 
canceled  in  like  manner,  as  a  bond  given  for  obtaining 
drawback  of  duties.  No  such  bond  shall  be  required  in 
respect  to  merchandise  on  board  of  any  vessel  which  has 
put  into  the  United  States  from  a  necessity,  shown  as 
prescribed  in  section  tAventy-seven  hundred  and  seventy- 
three. 

R.  s.,  2778.  The  collector  receiving  any  bond  conditioned  for  the 
payment  of  duties  upon  merchandise  reported  as  des- 
tined for  a  foreign  ])ort,  in  case  the  same  shall  be  landed 
within  the  United  States,  or  any  other  bonds  taken  upon 
the  exportation  of  merchandise  entitled  to  drawback, 
shall  immediately  after  the  time  when  by  the  conditions 
of  the  same  they  ought  to  be  canceled,  put  the  same  in 
suit,  provided  the  proof  of  the  occurrence  of  such  a 
necessity  as  excuses  a  landing  of  such  goods  within  the 
United  States  has  not  been  produced,  or  further  time 
granted  therefor  by  the  Secretary  of  the  Treasury. 


PAET   XV. ENTRY   OF   MERCHANDISE. 


181 


198.  Inspection  of  merchandise  laden  for  export. 

The  collector  shall  direct  the  surveyor,  where  any,  to  ^-  ^^  2^25- 
inspect,  or  cause  to  be  inspected,  the  merchandise  notified 
for  exportation,  and  if  it  is  found  to  correspond  fully  with 
the  notice  and  proof  concerning  the  same,  the  collector, 
together  with  the  naval  officer,  if  any,  shall  grant  a  permit 
for  lading  the  same  on  board  of  the  vessel  named  in  such 
notice  and  entry.  Such  lading  shall  be  performed  under 
the  superintendence  of  the  officer  by  whom  the  same  has 
been  so  inspected;  and  the  exporter  shall  make  oath  that 
the  merchandise,  so  noticed  for  exportation,  and  laden  on 
board  such  vessel,  previous  to  the  clearance  thereof,  or 
within  ten  days  after  such  clearance,  is  truly  intended  to 
be  exported  to  the  place  whereof  notice  has  been  given, 
and  is  not  intended  to  be  relanded  within  the  United 
States ;  otherwise  the  merchandise  shall  not  be  entitled  to 
the  benefit  of  drawback. 

199.  Transfer  of  imported  merchandise  for  export. 

All  merchandise  imported  into  the  United  States,  the  R-  s.,  3036. 
duties  on  which  have  been  paid,  or  secured  to  be  paid, 
may  be  transported  by  land,  or  partly  by  land  and  partly 
by  Avater,  or  coastwise,  from  the  district  into  which  it  was 
imported  to  any  port  of  entry  and  exported  from  such 
port  of  entry  wath  the  benefit  of  drawback. 

200.  Delivery  of  cargo  in  various  districts. 

Any  vessel  in  which  any  merchandise  is  brought  into  r.  s.,  2779. 
the  United  States  from  any  foreign  port,  and  which  is 
specified  in  the  manifest  verified  before  the  collector  of 
the  port  in  which  such  vessel  first  arrives,  to  be  destined 
for  other  districts,  may  proceed  with  the  same  from  dis- 
trict to  district  within  the  United  States,  in  order  to  the 
landing  or  delivery  thereof;  and  the  duties  on  such  of  the 
merchandise  only  as  shall  be  landed  in  any  district  shall 
be  paid  within  such  district. 

Before  any  vessel  departs  from  the  district  in  which  she  R-  s.,  278O. 
shall  first  arrive  for  another  district,  provided  such  de- 
parture is  not  within  forty-eight  hours  after  her  arrival 
within  such  district,  with  merchandise  brought  in  such 
vessel  from  a  foreign  port  on  which  the  duties  have  not 
been  paid,  the  master  shall  obtain  from  the  collector  of  the 
district  from  which  she  is  about  to  depart,  who  is  hereby 
required  to  grant  the  same,  a  copy  of  the  report  and 
manifest  made  by  such  master,  certified  by  the  collector, 
to  which  copy  shall  be  annexed  a  certificate  of  the  quan- 
tity and  particulars  of  the  merchandise  which  appears  to 
him  to  have  been  landed  within  his  district,  or  of  the 
quantity  and  particulars  of  the  merchandise  which  re- 
mains on  board  and  upon  which  the  duties  are  to  be  paid 
in  some  other  district. 

Within  tv/enty-four  hours  after  the  arrival  of  such  ves-   R.  s.,  278I. 
sel  within  any  other  district,  the  master  shall  make  report 


182  NAVIGATION    LAWS   OF   THE   UNITED    STATES. 

or  entry  to  or  with  the  collector  of  such  other  district, 
producing  and  showing  the  certified  copy  of  his  first 
report,  together  with  a  certificate  from  each  collector  of 
any  otlier  district  within  which  any  of  the  merchandise, 
brought  in  such  vessel,  has  been  landed,  of  the  quantity 
and  particulars  of  such  merchandise  as  has  been  landed 
in  each  district  respectively. 

B.  s.,  2782.  The  master  shall,  however,  first  give  bond,  with  one  or 
more  sureties,  to  the  satisfaction  of  the  collector  of  the 
district  within  which  the  vessel  first  arrives,  in  a  sum 
equal  to  the  amount  of  the  duties  on  the  residue  of  the 
merchandise,  according  to  such  estimate  as  the  collector 
shall  form  thereof,  with  condition  that  the  residue  of 
such  merchandise  shall  be  duly  entered  and  delivered  in 
another  district  for  which  the  same  has  been  reported  to 
be  destined. 

E.  s.,  2783.  The  bond  shall  be  canceled  or  discharged  within  six 
calendar  months  from  the  date  thereof,  by  the  production 
of  certificates  from  the  collectors  of  the  districts  for 
which  the  merchandise  has  been  reported,  showing  the 
due  entry  and  delivery  of  the  merchandise  in  such  dis- 
tricts, or  upon  due  proof  to  the  satisfaction  of  the  col- 
lector by  whom  the  bond  was  taken,  and  to  the  naval 
officer  of  the  port,  if  any,  that  such  entry  and  delivery 
were  prevented  by  some  unavoidable  accident  or  casualty, 
and  if  the  whole  or  any  part  of  the  merchandise  has  not 
been  lost,  that  it  has  been  duly  entered  and  delivered 
within  the  United  States. 

R.  s.,  27S4.  If  the  master  of  any  such  vessel  fails  by  his  neglect  or 
fault  to  obtain  the  copy  of  his  report  from  the  collector  of 
the  district  from  which  he  is  about  to  depart,  or  any  cer- 
tificate which  he  ought  to  obtain,  or  neglects  to  exhibit 
the  same  to  the  collector  of  any  other  district  to  which 
the  vessel  afterward  proceeds,  Avithin  the  time  for  that 
purpose  allowed,  he  shall  be  liable  to  a  penalty,  for  every 
such  neglect  or  omission,  of  five  hundred  dollars. 

201.   Vessels  exempt  from  entry. 

R.  s.,  2791.  j^  shall  not  be  necessary  for  the  master  of  any  vessel  of 
war,  or  of  any  vessel  employed  by  any  prince,  or  state,  as 
a  public  packet  for  the  conveyance  of  letters  and  dis- 
patches, and  not  permitted  by  the  laws  of  such  prince  or 
state  to  be  employed  in  the  transportation  of  merchandise, 
in  the  way  of  trade,  to  make  report  and  entry. 

R.  s.,  2792.  Vessels  used  exclusively  as  ferry-boats  carrying  passen- 
gers, baggage,  and  merchandise,  shall  not  be^  required  to 
enter  and  clear,  nor  shall  the  masters  of  such  vessels  be 
required  to  present  manifests,  or  to  pay  entrance  or  clear- 
ance fees,  or  fees  for  receiving  or  certifying  manifests, 
but  they  shall,  upon  arrival  in  the  United  States,  be  re- 
quired to  report  such  baggage  and  merchandise  to  the 
proper  officer  of  the  customs  according  to  law. 


PART   XV. ENTRY   OF    MERCHANDISE.  183 

Any  passenger  vessel  engao-ecl  triweekly  or  oftener  in  ^^^y  -^'  ^^^^• 
trade  between  ports  of  the  United  States  and   foreign 
ports  shall  be  exempt  from  entrance  and  clearance  fees 
and  tonnage  taxes  while  such  service  triweekly  or  oftener 
is  maintained. 

202.  Vessels  exempt  from  certain  charges. 

Enrolled  or  licensed  vessels  engaged  in  the  foreign  and  R-  s.,  2793. 
coasting  trade  on  the  northern,  northeastern  and  north- 
western frontiers  of  the  United  States,  departing  from  or 
arriv^ing  at  a  port  in  one  district  to  or  from  a  port  in  an- 
other district,  and  also  touching  at  intermediate  foreign 
])orts,  shall  not  thereby  become  liable  to  the  payment  of 
entry  and  clearance  fees,  or  tonnage  tax,  as  if  from  or  to 
foreign  ports ;  but  such  vessels  shall,  notwithstanding,  be 
required  to  enter  and  clear. 

203.  Entry  of  wines  and  distilled  spirits. 

Every  importer  of  distilled  spirits  or  whines,  or  person  R.  s.,  2794. 
to  whom  distilled  spirits  or  wines  are  consigned,  shall 
make  a  separate  and  additional  entry  thereof,  specifying 
the  name  of  the  vessel,  and  her  master,  in  which,  and  the 
place  from  wbich,  such  spirits  or  whines  were  imported, 
together  with  the  quantity  and  quality  thereof,  and  a  par- 
ticular detail  of  the  casks  or  receptacles  containing  the 
same,  Avith  their  marks  and  numbers;  such  entry  shall  be 
subscribed  by  the  person  making  the  same,  for  himself, 
or  in  behalf  of  the  jDerson  to  whom  such  entry  is  made, 
and  shall  be  certified  by  the  collector,  before  whom  it  is 
made,  as  a  true  copy,  and  conformable  to  the  general 
entry  before  directed,  in  respect  to  all  distilled  spirits  and 
wines  therein  contained ;  such  entry  thus  certified  shall  be 
transmitted  to  the  surveyor  or  officer  acting  as  inspector 
of  the  revenue  for  the  port  where  it  is  intended  to  com- 
mence the  delivery  of  such  spirits  or  wines. 

204.  Sea-stores. 

In  order  to  ascertain  what  articles  ought  to  be  exempt  R.  s.,  2795. 
from  duty  as  the  sea-stores  of  a  vessel,  the  master  shall 
particularly  specify  the  articles,  in  the  report  or  manifest 
to  be  by  him  made,  designating  them  as  the  sea-stores  of 
such  vessel;  and  in  the  oath  to  be  taken  by  such  master, 
on  making  such  report,  he  shall  declare  that  the  articles  so 
specified  as  sea-stores  are  truly  such,  and  are  not  intended 
by  way  of  merchandise  or  for  sale;  whereupon  the  ar- 
ticles shall  be  free  from  duty. 

Whenever  it  appears  to  the  collector  to  whom  a  report  R.  s.,  2796. 
and  manifest  of  sea-stores  are  delivered,  together  with  the 
naval  officer,  where  there  is  one,  or  alone,  where  there  is 
no  naval  officer,  that  the  quantities  of  the  articles,  or  any 
part  thereof,  reported  as  sea-stores,  are  excessive,  the  col- 
lector, jointly  with  the  naval  officer,  or  alone,  as  the  case 
may  be,  may  in  his  discretion  estimate  the  amount  of  the 


184  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

duty  on  such  excess;  which  shall  be  forthwith  paid  by  the 
master,  to  the  collector,  on  pain  of  forfeiting  the  value  of 
such  excess. 

R.  s.,  2<97.  j^  ,^j^y  other  or  greater  quantity  of  articles  are  found  on 
board  such  vessel  as  sea-stores  than  are  specified  in  an 
entry  of  sea-stores,  or  if  any  of  the  articles  are  landed 
without  a  permit  first  obtained  from  the  collector,  and 
naval  officer  if  any,  for  that  purpose,  all  such  articles  as 
are  not  included  in  the  report  or  manifest  by  the  master, 
and  all  which  are  landed  without  a  permit,  shall  be  for- 
feited, and  may  be  seized;  and  the  master  shall  moreover 
be  liable  to  a  penalty  of  treble  the  value  of  the  articles 
omitted  or  landed. 

^ec  li  ^^^^  ^^^  stores  and  the  legitimate  equipment  of  vessels  be- 
longing to  regular  lines  plying  between  foreign  ports  and 
the  United  States  delayed  in  port  for  any  cause  may  be 
transferred  in  such  port  of  the  United  States  under  the 
supervision  of  the  customs  officers  from  one  vessel  to  an- 
other vessel  of  the  same  owner  without  payment  of  duties, 
but  duties  must  be  paid  on  such  stores  or  equipments 
landed  for  consumption,  exceiDt  American  products. 

205.  Coal. 

R.  s.,  2798.  ji^g  master  of  any  vessel  propelled  by  steam,  arriving 

at  any  port  in  the  United  States,  may  retain  all  the  coal 
such  vessel  may  have  on  board  at  the' time  of  her  arrival, 
and  may  proceed  with  such  coal  to  a  foreign  port,  Avithout 
being  required  to  land  the  same  in  the  United  States,  or 
to  pay  any  duty  thereon. 

206.  Eagg-ag-e  and  tools  of  trade. 

E.  s.,  2799  ji-^  order  to  ascertain  what  articles  ought  to  be  ex- 
empted as  the  wearing  apparel,  and  other  personal  bag- 
gage, and  the  tools  or  implements  of  a  mechanical  trade 
only,  of  persons  who  arrive  in  the  United  States,  due  entry 
thereof,  as  of  other  merchandise,  but  separate  and  distinct 
from  that  of  any  other  merchandise,  imported  from  a 
foreign  port,  shall  be  made  with  the  collector  of  the  dis- 
trict in  which  the  articles  are  intended  to  be  landed  by 
the  owner  thereof,  or  his  agent,  expressing  the  persons 
by  whom  or  for  whom  such  entry  is  made,  and  particu- 
larizing the  several  packages,  and  their  contents,  with 
their  marks  and  numbers;  and  the  person  who  shall  make 
the  entry  shall  take  and  subscribe  an  oath  before  the  col- 
lector, declaring  that  the  entry  subscribed  by  him  and  to 
which  the  oath  is  annexed  contains,  to  the  best  of  his 
knowledge  and  belief,  a  just  and  true  account  of  the  con- 
tents of  the  several  packages  mentioned  in  the  entry, 
specifying  the  name  of  the  vessel,  of  her  master,  and  of 
the  port  from  which  she  has  arrived ;  and  that  such  pack- 
ages contain  no  merchandise  whatever  other  than  wearing 
apparel,  personal  baggage,  or,  as  the  case  may  be,  tools 
of  trade,  specifying  it;  that  they  are  all  the  property  of 
a  person  named  who  has  arrived,  or  is  shortly  expected 


PART   XV. ENTEY   OF    MERCHANDISE.  185 

to  arrive  in  the  United  States,  and  are  not  directl}^  or 
indirectly  imported  for  any  other,  or  intended  for  sale. 

Whenever  the  person  making  entry  of  any  articles  as  R.  s.,  2800. 
wearing  apparel,  personal  baggage,  tools,  or  implements, 
is  not  the  owner  of  them,  he  shall  give  bond  with  one  or 
more  sureties,  to  the  satisfaction  of  the  collector,  in  a  sum 
equal  to  the  duties  on  like  articles  imported  subject  to 
duty,  upon  the  condition  that  the  owner  of  the  articles 
shall,  wilhin  one  year,  personally  make  an  oath  such  as  is 
prescribed  in  the  preceding  section. 

On  compliance  with  the  two  preceding  sections,  and  not  r.  s.,  2801. 
otherwise,  a  permit  shall  be  granted  for  landing  such 
articles.  But  whenever  the  collector  and  the  naval  officer, 
if  any,  think  proper,  they  may  direct  the  baggage  of  any 
person  arriving  within  the  United  States  to  be  examined 
by  the  surveyor  of  tlie  port,  or  by  an  inspector  of  the  cus- 
toms, who  shall  make  a  return  of  the  same;  and  if  any 
articles  are  contained  therein  which  in  their  opinion 
ought  not  to  be  exempted  from  duty,  due  entry  of  them 
shall  be  made  and  the  duties  thereon  paid. 

Whenever  any  article  subject  to  duty  is  found  in  the  R.  s.,  2802. 
baggage  of  any  person  arriving  within  the  United  States, 
which  was  not,  at  the  time  of  making  entry  for  such  bag- 
gage, mentioned  to  the  collector  before  whom  such  entry 
was  made,  by  the  person  making  entry,  such  article  shall 
be  forfeited,  and  the  person  in  whose.baggage  it  is  found 
shall  be  liable  to  a  penalty  of  treble  the  value  of  such 
article. 

207.    Marks,  brands,  and  trade-marks. 

All   articles   of    foreign   manufacture   or   production,   ^^^^-  5'  1909. 
which  are  capable  of  being  marked,  stamped,  branded,  or   ^^^"  ^' 
labeled,    without    injury,    shall    be    marked,    stamped, 
branded,  or  labeled  in  legible  English  words,  in  a  con-     . 
spicuous  place  that  shall  not  be  covered  or  ol3Scured  by 
any  subsequent  attachments  or  arrangements,  so  as  to  indi- 
cate the  country   of  origin.     Said   marking,   stampnig, 
branding,  or  labeliurg  shall  be  as  nearly  indelible  and  per- 
manent as  the  nature  of  the  article  will  permit. 

No  article  of  imported  merchandise  which  shall  copy  or   Aug.  27, 1894. 
simulate  the  name  or  trade-mark  of  any  domestic  manu-   See.  6. 
f acture  or  manufacturer,  or  which  shall  bear  a  name  or  '^'^^^  '^^'  ^^^'^• 
mark,  Avhich  is  calculated  to  induce  the  public  to  believe 
that  the  article  is  manufactured  in  the  United  States, 
shall  be  admitted  to  entry  at  any  custom-house  of  the 
United  States.     And  in  order  to  aid  the  officers  of  the 
customs  in  enforcing  this  prohibition  any  domestic  manu- 
facturer who  has  adopted  trade-marks  may  require  his 
name  and  residence  and  a  description  of  his  trade-marks 
to  be  recorded  in  books  which  shall  be  kept  for  that  pur- 
pose in  the  Department  of  the  Treasury  under  such  regu- 


186  NAVIGATION   LAWS   OF   THE   UNITED    STATES. 

lations  as  the  Secretary  of  the  Treasury  shall  prescribe, 
and  may  furnish  to  the  Department  facsimiles  of  such 
trade-marks;  and  thereupon  the  Secretary  of  the  Treas- 
ury shall  cause  one  or  more  copies  of  the  same  to  be  trans- 
mitted to  each  collector  or  other  proper  officer  of  the 
customs. 

208.  Cig-ars. 

R.  s.,  2804.  ^Q  cigars  shall  be  imported  unless  the  same  are  packed 
in  boxes  of  not  more  than  five  hundred  cigars  in  each  box; 
and  no  entry  of  any  imported  cigars  shall  be  allowed  of 
less  quantity  than  three  thousand  in  a  single  package ; 
and  all  cigars  on  importation  shall  be  placed  in  public 
store  or  bonded  warehouse,  and  shall  not  be  removed 
Aug.  27, 1894.  therefrom  until  the  same  shall  have  been  inspected  and  a 
Sec.  26.  stamp  affixed  to  each  box  indicating  such  inspection,  and 

also  a  serial  number  to  be  recorded  in  the  custom-house. 
And  the  Secretary  of  the  Treasury  is  hereby  authorized 
to  provide  the  requisite  stamps,  and  to  make  all  necessary 
regulations  for  carrying  the  above  provisions  of  law  into 
effect. 

209.  Oaths. 

R.  s.,  2805.  All  oaths  to  be  taken  upon  making  of  any  of  the  reports 
or  entries,  or  respecting  any  of  the  acts  mentioned  in  this 
chapter  [R.  S.  2TG6-2§66],  whether  by  a  master  of  any 
vessel,  or  the  owner  or  consignee  of  any  merchandise,  his 
factor  or  agent,  or  by  any  other  person,  shall  be  adminis- 
tered by  the  collector,  or  officer  to  or  with  whom  the  re- 
port or  entry  is  made,  and  shall  be  reduced  to  writing,  and 
subscribed  by  the  person  taking  and  by  the  person  admin- 
istering the  oath. 

Sept.  30, 1890.  And  such  clerks  and  inspectors  of  customs  as  the  Secre- 
tary of  the  Treasury  may  designate  for  the  purpose  shall 
be  authorized  to  administer  oaths,  such  as  deputy  col- 
lectors of  customs  are  now  authorized  to  administer,  and 
no  compensation  shall  be  paid  or  charge  made  therefor. 

210.  Inward  manifests. 

R.  s.,  2806.  No  merchandise  shall  be  brought  into  the  United  States, 
from  any  foreign  port,  in  any  vessel  unless  the  master  has 
on  board  manifests  in  writing  of  the  cargo,  signed  by 
such  master. 

R.  s.,  2807  Every  manifest  required  by  the  preceding  section  shall 

contain : 

First.  The  name  of  the  ports  where  the  merchandise  in 
such  manifest  mentioned  were  taken  on  board,  and  the 
ports  within  the  United  States  for  which  the  same  are 
destined;  particularly  noting  the  merchandise  destined 
for  each  port  respectively. 

June  3,  1892.  Provided,  Jwivever,  That  the  master  of  a  vessel  laden 
exclusively  either  with  sugar,  coal,  salt,  hides,  dyewoods, 
wool,  or  jute  butts,  consigned  to  one  consignee,  arriving 


PART   XV. ENTEY    OF    MERCHANDISE.  187 

af  a  port  for  orders,  may  be  permitted  to  destine  such 
cargo  or  determine  its  disposition  "  for  orders,"  upon  en- 
teri'iig  the  vessel  at  the  custom-house,  and,  within  fifteen 
dayslifterward  and  before  the  unloading  of  any  part  of 
the  cargo,  to  amend  the  manifest  by  designating  the  actual 
port  of  discharge  of  such  cargo : 

Pro  Med  further,  That  in  the  event  of  failure  to  desig- 
nate the  port  of  discharge  within  fifteen  days  such  cargo 
must  be  discharged  at  the  port  where  the  vessel  entered. 

Second.  The  name,  description,  and  build  of  the  vessel ;    R-  s.,  2807. 
the  true  admeasurement  or  tonnage  thereof;  the  port  to 
which  such  vessel  belongs;  the  name  of  each  owner,  ac- 
cording to  the  register  of  the  same ;  and  the  name  of  the 
master  of  such  vessel. 

Third.  A  just  and  particular  account  of  all  the  merchan- 
dise, so  laden  on  board,  whether  in  packages  or  stowed 
loose,  of  any  kind  or  nature  whatever,  together  with  the 
marks  and  numbers  as  marked  on  each  package,  and  the 
number  or  quantity  and  description  of  the  packages  in 
words  at  length,  whether  leaguer,  pipe,  butt,  puncheon, 
hogshead,  barrel,  keg,  case,  bale,  pack,  truss,  chest,  box, 
band-box,  bundle,  parcel,  cask,  or  package,  of  any  land  or 
sort,  describing  the  same  by  its  usual  name  or  denomina- 
tion. 

Fourth.  The  names  of  the  persons  to  whom  such  pack- 
ages are  respectively  consigned,  agreeably  to  the  bills  of 
lading  signed  for  the  same,\inless  when  the  goods  are  con- 
signed to  order,  when  it  shall  be  so  expressed  in  the 
manifest. 

Fifth.  The  names  of  the  several  passengers  on  board 
the  vessel,  distinguishing  whether  cabin  or  steerage  pas- 
sengers, or  both,  with  their  baggage,  specifying  the 
number  and  description  of  packages  belonging  to  each 
respectively. 

Sixth.  An  account  of  the  sea -stores  remaining,  if  any. 
If  merchandise  shall  be  imported,  destined  to  be  deliv-  R-  s.,  28O8. 
ered  in  different  districts  or  ports,  the  quantities  and 
packages  so  destined  to  be  delivered  shall  be  inserted  in 
successive  order  in  the  manifest;  and  all  spirits  and 
Avines  constituting  the  whole  or  any  part  of  the  cargo  of 
any  vessel  shall  also  be  inserted  in  successive  order,  dis- 
tinguishing the  ports  to  which  the  same  may  be  destined, 
and  the  kinds,  qualities,  and  quantities  thereof. 

If  any  merchandise  is  brought  into  the  United  States  in 
any  vessel  whatever  from  any  foreign  port  without  hav- 
ing such  a  manifest  on  board,  or  which  shall  not  be 
included  or  described  in  the  manifest,  or  shall  not  agree 
tlierewith,  the  master  shall  be  liable  to  a  penalty  equal  to 
the  value  of  such  merchandise  not  included  in  such  mani- 
fest; and  all  such  merchandise  not  included  in  the 
manifest  belonging  or  consigned  to  the  master,  mate, 
officers,  or  crew  of  such  vessel,  shall  be  forfeited. 


R.  S.,  2809. 


188  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

R.  s.,  2810.  Whenever  it  is  made  to  appear  to  the  satisfaction  of 

tlie  collector,  naval  officer,  and  surveyor,  or  to  the  major 
part  of  them,  where  those  officers  are  established  at  any 
port,  or  to  the  satisfaction  of  the  collector  alone,  where 
either  of  the  other  of  the  officers  is  not  established,  or  to 
the  satisfaction  of  the  court  in  which  a  trial  shall  be  liad 
concerning  such  forfeiture,  that  no  part  of  the  cargo  of 
an}^  vessel  without  proper  manifests  was  unshipped,  after 
it  'was  taken  on  board,  except  such  as  shall  have  been 
particularly  specified  and  accounted  for  in  the  report  of 
the  m.aster,  and  that  the  manifests  have  been  lost  or  mis- 
laid, without  fraud  or  collusion,  or  were  defaced  by  acci- 
dent, or  became  incorrect  by  mistake,  no  forfeiture  or 
penalty  shall  be  incurred  under  the  preceding  section. 
211.   Inspection  of  inward  manifests  by  boarding  officer. 

R.  s.,  2811.  Every  master  of  any  vessel  laden  with  merchandise, 

and  bound  to  any  port  in  the  United  States  shall,  on  his 
arrival  within  four  leagues  of  the  coast  thereof,  or  within 
any  of  the  bays,  harbors,  ports,  rivers,  creeks,  or  inlets, 
thereof,  upon  demand,  produce  the  manifests  in  writing, 
which  such  master  is  required  to  have  on  board  his  vessel, 
to  such  officer  of  the  customs  as  first  comes  on  board  his 
vessel,  for  inspection,  and  shall  deliver  to  such  officer  true 
copies  thereof,  which  coj^ies  shall  be  proAdded  and  sub- 
scribed by  the  master,  and  the  officer  to  whom  the  original 
manifests  have  been  produced  shall  certif}^  upon  the  back 
thereof  that  the  same  were  produced,  and  the  day  and 
year  on  which  the  same  were  so  produced,  and  that  such 
copies  wore  to  him  delivered  and  by  him  examined  with 
the  original  manifest;  and  shall  likev/ise  certify  upon  the 
back  of  sucli  copies  the  day  and  year  on  which  the  same 
were  delivered,  and  shall  forthwith  transmit  such  copies 
to  the  respective  collectors  of  the  several  districts,  to 
which  the  goods  by  such  manifests  appear  respectively  to 
be  consigned. 

R.  s.,  2812.  rpj^^  master  of  any  such  vessel  shall  in  like  manner  pro- 

duce to  the  officer  of  the  customs  who  first  comes  on  board 
such  vessel,  upon  her  arrival  within  the  limits  of  any  col- 
lection-district in  which  the  cargo,  or  any  part  thereol".  is 
intended  to  be  discharged  or  landed,  for  his  inspection, 
such  manifest:  and  shnll  also  deliver  to  him  true  copies 
thereof,  such  copies  also  to  be  provided  and  subscribed  b}^ 
the  master,  the  production  of  which  manifests  and  the 
delivery  of  Avhich  copies  shall  also  be  certified  by  the 
officer  of  the  customs,  upon  the  back  of  the  original  mani- 
fests, with  the  particular  day  and  year  when  such  mani- 
fests were  produced  to  such  officer,  and  when  he  so  re- 
ceived the  copies  tliereof;  and  such  officer  is  recjuired 
forthwith  to  transmit  the  copies  of  the  manifest  to  the 
collector  of  the  district;  and  the  master  shall  afterward 
deliver  the  original  manifests  so  certified  to  the  collector. 
When  any  manifest  shall  be  produced,  upon  which  there 


PART   XV. ENTKY    OF    MERCHANDISE.  189 

shall  be  no  certificate  from  any  officer  of  the  customs  as  be- 
fore mentioned,  the  master  producing  the  same  shall  be 
required  to  make  oath  that  no  officer  has  applied  for, 
and  that  no  indorsement  has  taken  place  on,  any  manifest 
of  the  cargo  of  such  vessel. 

The  master  of  any  such  vessel  shall  not  be  required  to  R-  s.,  2813. 
make  delivery  of  more  than  one  copy  of  each  manifest  to 
the  officer  who  shall  first  come  on  board  of  such  vessel, 
within  four  leaoues  of  the  coast  of  the  Uiiited  States,  and 
one  other  copy  to  such  officer  as  shall  first  come  on  board 
within  the  limits  of  any  collection-district,  for  which  the 
cargo  of  such  vessel,  or  some  part  thereof,  is  destined,  nor 
to  make  delivery  of  any  such  copy  to  any  other  officer; 
but  it  shall  be  sufficient,' in  respect  to  any  such  other  offi- 
cer, to  exhibit  to  him  the  original  manifests  and  the  cer- 
tificates thereupon. 

If  the  master  of  any  vessel  laden  with  merchandise,  and  ^-  ^^  2^^^- 
bound  to  any  port  in  the  United  States,  fails  upon  his 
arrival  within  four  leagiies  of  the  coast  thereof,  or  within 
the  limits  of  any  collection-district,  where  the  cargo  of 
'such  vessel,  or  any  part  thereof,  is  intended  to  be  dis- 
charged, to  produce  such  manifests  as  are  heretofore 
required,  in  writing,  to  the  proper  officer  upon  demand 
therefor,  or  to  deliver  such  copies  thereof,  according  to 
the  directions  of  the  preceding  sections,  or  if  he  fails  to 
give  an  account  of  the  true  destination  of  the  vessel,  which 
he  is  hereby  required  to  do,  upon  request  of  such  officer, 
or  gives  a  false  account  of  such  destination,  in  order  to 
evade  the  production  of  the  manifests,  the  master  shall 
for  every  such  neglect,  refusal,  or  offense,  be  liable  to  a 
penalty  of  not  more  than  five  hundred  dollars.  If  any 
officer  first  coming  on  board,  in  each  case,  shall  neglect  or 
refuse  to  certify  on  the  back  of  such  manifests  the  produc- 
tion thereof,  and  the  delivery  of  such  copies  respectively 
as  are  directed  to  be  delivered  to  such  officer,  such  officer 
shall  be  liable  to  a  penalty  of  five  hundred  dollars. 

The  officers  who"  may  apply  to  the  master  of  any  such  R.  s.,  2815. 
vessel,  respecting  any  of  the  provisions  in  the  preceding 
sections,  and  who  shall  not  receive  full  satisfaction 
therein,  are  hereby  required  to  make  a  return  in  writing 
of  the  name  of  the  vessel  and  master  so  offending,  in  any 
or  all  of  the  particulars  required,  as  soon  as  possible,  to 
the  collector  of  the  district  to  which  such  vessel  shall  be 
considered  to  be  bound. 

Collectors  and  surveyors,  respectively,  may,  whenever  R-  s.,  2834^ 
they  judge  it  to  be  necessary  for  the  security  of  the  rev-  l^^J\l[  ^^^^' 
enue,  put  an  inspector  of  the  customs  on  board  any  vessel, 
to  accompany  the  same  until  her  arrival  at  the  first  port 
of  entry  or  delivery,  in  the  district  to  which  such  vessel 
may  be  destined.  If  the  master  of  any  vessel  shall  neg- 
lect or  omit  to  deposit  a  manifest  as  herein  prescribed,  or 
shall  refuse  to  receive  an  inspector  of  the  customs  on 
board,  as  the  case  requires,  he  shall  forfeit  and  pay  five 


190 


NAVIGATION   LAWS    OF    THE   UNITED    STATES. 


R.  S.,  2816. 


R.  S.,  2817. 


R.  S.,  2818. 


R.  S.,  2819. 


R.  S.,  2820. 


R.  S.,  2821. 


hundred  dollars,  to  be  recovered  with  cost  of  suit,  one- 
half  for  the  use  of  the  officer  with  whom  such  manifest 
ought  to  have  been  deposited,  and  the  other  half  to  the 
use  of  the  collector  of  the  district  to  which  such  vessel 
may  be  bound.  If,  however,  the  manifest  shall,  in  either 
of  the  above  cases,  have  been  previously  delivered  to  any 
officer  of  the  customs,  pursuant  to  the  provisions  herein- 
after made  in  that  behalf,  the  depositing  of  a  manifest 
shall  not  be  necessary. 
212.  Entry  of  merchandise  at  special  ports. 

Wien  any  merchandise  is  intended  to  be  imported  from 
any  foreign  country  into  the  port  of  Albany,  upon  the 
Hudson  River,  in  New  York,  such  merchandise  may  be 
entered  at  any  port  of  entry  and  thereafter  transported 
to  Albany,  upon  compliance  with  sections  twenty-eight 
hundred  and  twenty-five  to  twenty-eight  hundred  and 
thirty-one,  inclusive. 

AVlien  any  merchandise  is  intended  to  be  imported  from 
any  foreign  country  into  the  port  of  Augusta,  upon  the 
Savannah  River,  in  Georgia,  such  merchandise  may  be  • 
entered  at  the  port  of  Savannah  and  thereafter  trans- 
ported, either  by  the  river  or  by  railroad,  to  Augusta, 
upon  compliance  with  sections  twenty-eight  hundred  and 
twenty-five  to  twenty-eight  hundred  and  thirty-one, 
inclusive. 

AYlien  any  merchandise  is  intended  to  be  imj^orted  from 
any  foreign  country  into  the  port  of  Pilatka,  upon  the 
Saint  John's  River,  in  Florida,  such  merchandise  may 
be  entered  at  Saint  John's,  and  thereafter  transported  to 
Pilatka  upon  compliance  with  sections  twenty-eight  hun- 
dred and  twenty-five  to  twent^'-eight  hundred  and  thirty- 
one,  inclusive. 

AYhen  any  merchandise  is  intended  to  be  imported  from 
any  foreign  country  to  the  port  of  Bay  port,  in  Florida, 
such  merchandise  may  be  entered  at  Cedar  Keys,  and 
thereafter  transported  to  Bay  port,  upon  compliance  with 
sections  twenty-eight  hundred  and  twenty-five  to  twenty- 
eight  hundred  and  thirty-one,  inclusive. 

When  any  merchandise  is  intended  to  be  imported  from 
any  foreign  country  into  the  port  of  Selma,upon  the  Ala- 
bama River,  in  Alabama,  such  merchandise  may  be  en- 
tered at  Mobile,  and  tliereafter  transported  to  Selma, 
upon  compliance  with  sections  twenty-eight  hundred  and 
twenty-five  to  twenty-eight  hundred  and  thirty-one,  in- 
clusive. 

AYhen  any  merchandise  is  intended  to  be  imported  from 
any  foreign  countiw  into  the  port  of  Houston,  upon  Buf- 
falo Bayou,  in  Texas,  such  merchandise  may  be  entered 
at  the  port  of  Galveston  and  thereafter  transported  to 
Houston,  upon  compliance  with  section  twenty-eight  hun- 
dred and  twenty-five  to  twenty-eight  hundred  and  thirty- 
one,  inclusive. 


PART   XV. ENTRY    OF    MERCHANDISE.  191 

When  any  merchandise  is  intended  to  be  imported  from  ^-  ^•'  ^822. 
any  foreign  country  into  either  of  the  following  ports  of 
delivery,  being  ports  upon  the  Mississippi  River  and  its 
tributaries,  namely,  Pittsburg,  in  Pennsylvania ;  Wheel- 
ing, in  AYest  Virginia;  Cincinnati,  in  Ohio;  Louisville,  in 
Kentucky;  Saint  Louis,  in  Missouri;  and  Nashville,  in 
Tennessee ;  such  merchandise  may  be  entered  at  the  port 
of  New  Orleans,  or  at  either  of  such  ports  of  entry  on  the 
sea-board  as  may  be  designated  by  the  Secretary  of  the 
Treasury,  and  thereafter  transported  to  the  port  of  deliv- 
ery for  which  the  same  is  intended,  by  such  inland  routes 
as  the  Secretary  of  the  Treasury  may  designate,  under 
such  rules  and  regulations  not  inconsistent  with  law  as  he 
may  prescribe,  in  compliance  with  sections  twenty-eight 
hundred  and  twenty-five  to  twenty-eight  hundred  and 
thirty-one,  inclusive,  and  subject  to  the  forfeitures  and 
penalties  therein  mentioned. 

When  any  merchandise  is  intended  to  be  imported  from  R-  s.,  2823. 
any  foreign  country  into  either  of  the  following  ports  of 
delivery,  namely:  Parkersburg,  in  West  Virginia;  Pa- 
ducah,  in  Kentucky;  Saint  Joseph  and  Kansas  City,  in 
Missouri ;  Memphis,  in  Tennessee ;  Alton,  Galena,  Quincy, 
and  Cairo,  in  Illinois;  Evansville,  New  Albany,  Madison, 
and  Jeffersonville,  in  Indiana;  Keokuk,  Dubuque,  and 
Burlington,  in  Iowa;  Leavenworth,  in  Kansas,  and 
Omaha,  in  Nebraska,  such  merchandise  may  be  entered 
at  the  port  of  New  Orleans,  and  thereafter  transported 
to  the  port  of  delivery  for  which  the  same  is  intended,  in 
compliance  with  sections  twenty-eight  hundred  and 
twenty-five  to  twenty-eight  hundred  and  thirty-one,  in-, 
elusive,  and  subject  to  the  forfeitures  and  penalties  there- 
in mentioned. 

The  importer  of  any  merchandise  destined  for  any  of  R-  S-  2825. 
the  ports  mentioned  in  the  eight  preceding  sections  shall  ^^^^'-^^  i^^^' 
deposit  in  the  custody  of  the  surveyor  of  such  port  of 
delivery  a  schedule  of  the  goods  so  intended  to  be  im- 
ported, with  an  estimate  of  their  cost  at  the  place  of  ex- 
portation, whereupon  Hie  surveyor  shall  make  an  esti- 
mate of  the  amount  of  duties  accruing  on  the  same,  and 
the  importer  or  consignee  shall  give  bond,  with  sufficient 
sureties,  to  be  approved  bv  the  surveyor,  in  double  the 
amount  of  the  duties  so  estimated,  conditioned  for  the 
payment  of  the  duties  on  such  merchandise,  ascertamed 
as  hereinafter  directed;  and  the  surveyor  shall  forthwith 
notify  the  collector  at  the  port  of  entry  for  the  collection- 
district  to  which  such  port  of  delivery  is  attached,  of  the 
same,  by  forwarding  to  him  a  copy  of  bond  and  schedule. 

The  master  or  conductor  of  any  such  vessel  or  vehicle  "•  ^•' 
arriving  at  either  of  the  ports  named  in  sections  twenty- 
eii^ht  hundred  and  sixteen  to  twenty-eight  hundred  and 
twentv-four,  inclusive,  on  board  of  which  merchandise 
shall  'have  been  shipiDcd  at  such  port  of  entry,  shall, 
within  eiditeen  hours^  next  after  the  arrival,  and  previ- 


192  NAVIGATION   L.VWS    OF   THE   UNITED    STATES. 

ously  to  unloading  any  part  of  such  merchandise,  deliver 
to  the  surveyor  of  such  port  the  manifest  of  the  same, 
certified  by  the  collector,  at  the  port  of  entry,  and  shall 
make  oath  before  the  surveyor  that  there  was  not,  when 
he  departed  from  the  port  of  entry,  any  more  or  other 
merchandise  on  board  such  boat,  vessel,  or  vehicle  so  im- 
ported than  is  therein  mentioned.  If  the  master  of  such 
vessel  or  vehicle  shall  neglect  or  refuse  to  deliver  the 
manifests  within  the  time  herein  directed,  he  shall  be  lia- 
ble to  a  penalty  of  one  hundred  dollars. 

R.  s.,  2832.  xii  vessels  proceeding  to  the  ports  of  Natchez  or  Vicks- 
burg  from  any  foreign  port  shall  stop  and  report  their 
arrival  at  the  port  of  New  Orleans ;  and  before  any  such 
vessel  shall  i^roceed  on  her  voyage  to  Xatchez  or  Vicks- 
burg  the  collector  for  the  district  of  Xew  Orleans  shall 
order  on  board  any  such  vessel  a  custom-house  oflicer,  wdio 
shall  remain  on  board  such  vessel  until  her  arrival  at 
Natchez  or  Vicksburg.  Such  custom-house  officer  shall 
take  possession  of  and  safely  keep  all  the  papers  belong- 
ing to  such  vessel  having  relation  to  the  freight  or  cargo 
on  board,  which  papers  he  shall  deliver  to  the  collector  at 
Natchez  or  Vicksburg  immediately  after  his  arrival  at 
that  port;  and  any  such  vessel,  which  shall  depart  from 
New  Orleans  without  such  custom-house  officer  on  board, 
shall  be  subject  to  all  the  pains  and  penalties  provided  for 
by  law  for  a  violation  of  the  revenue  laws. 

R.  s.,  2833.  xhe  expenses  of  the  custom-house  officer  who  may  l)e 
put  on  board  any  such  vessel  bound  for  Natchez  or  Vicks- 
burg at  New  Orleans,  from  the  time  of  his  being  put  on 
board  until  his  return  to  New  Orleans,  shall  be  paid  by 
the  owner  of  such  vessel. 

R.  s.,  2836.  ^]^g  master  of  any  vessel  arriving  within  the  districts 
of  Petersburg  or  Ilichmond,  laden  with  merchandise, 
belonging  or  consigned  to  persons  resident  within  both 
the  districts,  shall  make  entry  of  such  vessel,  in  manner 
already  prescribed  by  law,  with  the  collector  of  that  dis- 
trict wherein  the  owner  or  consignee,  or  the  husband  or 
acting  manager  of  such  vessel,  shall  actually  reside;  and 
the  master  shall,  at  the  time  of  making  the  entry,  deliver 
a  duplicate  manifest  of  the  cargo  to  the  collector,  whose 
duty  it  shall  then  be  to  certify  the  same  as  a  true  copy, 
and  to  transmit  it  to  the  collector  of  the  other  district, 
and  the  delivery  of  such  merchandise  shall  be  authorized 
by  permits  from  the  collector  of  each  district,  respec- 
tivel}^,  in  which  the  same  has  been  duly  entered  according 
to  law.  No  importer,  owner,  or  consignee  of  merchan- 
dise, residing  in  either  district,  shall,  however,  be  ad- 
mitted to  make  an  entry  of  such  merchandise  with  the  col- 
lector of  the  district  in  which  such  importer,  owner,  or 
consignee  does  not  reside.  All  entries,  moreover,  for 
merchandise,  made  by  agents,  for  persons  residing  in 
other  districts,  shall  be  made  with  the  collector  of  the  dis- 
trict in  which  such  vessel  mav  dischar^^e. 


PART   XV. ENTRY   OF    MERCHANDISE.  193 

Vessels  owned  in  whole  or  in  part  in  the  towns  of  Edge-   ^-  S-.  2520. 
comb  and  NeAvcastle  in  Maine,  having  entered  in  due  form 
of  law  at  the  port  of  Wiscasset,  and  taken  on  board  an 
officer,  shall  be  permitted  to  unlade  in  the  parts  of  those 
towns  which  adjoin  Sheepscut  River. 

Merchandise  destined  for  either  of  the  towns  of  Kit-  ^-  ^•'  -^-'*- 
tery  or  Berwick,  in  Maine,  may  be,  at  the  option  of  the 
master  of  the  vessel,  entered  and  permit  for  the  delivery 
thereof  obtained,  either  in  the  district  of  Portsmouth,  in 
the  State  of  Xew  Hampshire,  or  in  the  district  of  York, 
in  the  State  of  Maine. 

All  cargoes  chargeable  with  duties  intended  for  de-    ^-  ^•'  -^'^'^' 
livery  at  the  port  of  Greenport,  in  the  State  of  New  York, 
shall  be  entered  and  the  duties  paid  at  the  port  of  Sag 
Harbor,  before  permission  shall  be  granted  to  discharge 
the  same  at  Greenport. 

All  merchandise  chargeable  with  duties  intended  for  R-  S-,  2540. 
delivery  at  the  port  of  Cold  Spring,  on  the  north  side  of 
Long  Island,  in  the  State  of  New  York,  or  at  the  port 
of  Port  Jefferson,  in  that  State,  shall  be  entered  and  the 
duties  paid  at  the  port  of  New  York,  before  permission 
shall  be  granted  to  discharge  the  same  at  Cold  Spring  or 
Port  Jefferson. 

All  merchandise  transported  in  bond  to  the  port  of  ^'  ^•'  ^^^^' 
Brownsville  from  any  other  port  of  the  United  States,  by 
Brazos  Harbor,  may,  on  arrival  in  that  harbor,  be  trans- 
shipped under  such  regulations,  not  inconsistent  with  law, 
as  the  Secretary  of  the  Treasury  may  prescribe,  in  other 
vessels  for  transportation  by  the  Rio  Grande  to  Browns- 
Adlle;  and  all  merchandise  imported  into  the  district  by 
Brazos  Harbor,  from  any  foreign  country,  may  in  like 
manner  be  transshipped  to  Brownsville  as  provided  for 
goods,  wares,  and  merchandise  transshipped  in  bond. 

The  master  of  every  vessel  entering  the  Columbia  River  ^-  S-.  2588. 
from  the  sea,  and  bound  for  Portland,  in  the  district  of 
Willamette,  shall  exhibit  his  papers  to  the  collector  of  the 
port  of  Astoria,  and  deposit  with  him  a  sworn  copy  of  the 
manifest  of  cargo.  If  the  vessel  is  laden  with  domestic 
merchandise  or  merchandise  in  bond  for  Portland,  the  col- 
lector at  Astoria  shall  permit  her  to  proceed  to  her  place 
of  destination;  but  if  she  has  dutiable  merchandise  on 
board  not  bonded,  he  shall  cause  a  customs  officer  to  pro- 
ceed on  board  the  vessel  to  Portland,  who  shall  see  that 
no  goods  are  landed  from  such  vessel  before  her  arrival 
and  entry  at  the  latter  port.  The  necessary  expenses, 
including  the  per  diem  of  such  officer  and  the  expense  of 
his  return  to  Astoria,  shall  be  paid  by  the  master  of  such 
vessel  to  the  collector  of  customs  at  Portland,  for  the  use 
of  the  United  States,  before  permit  shall  be  given  to 
unload. 

When  a  vessel  shall  arrive  at  Astoria,  in  the  district  of  ^-  S-  ^590- 
Oregon,  from  sea,  having  merchandise  on  board  for  that 
96694°— 11 13 


194  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

place  and  also  for  Portland,  in  the  district  of  Willaniotte, 
such  vessel  shall  enter  at  Astoria  and  discharge  such  por- 
tion of  her  caro-o  as  is  destined  for  that  place,  whereupon 
the  collector  shall  cause  her  hatches  to  be  closed  and 
sealed,  and  shall  then  permit  her  to  proceed  to  Portland 
in  charge  of  a  customs  officer. 

R.  s.,  2967.  Merchandise  imported  into  the  port  of  Louisville,  and 
destined  for  Jeffersonville.  may  be  landed  and  warehoused 
at  Jeffersonville,  under  the  custody  and  control  of  the 
siirvevor  of  the  port  of  Louisville. 

R.  s.,  2968.  The  Secretary  of  the  Treasury  may  extend  the  privi- 

leges of  the  provisions  relating  to  warehouses,  and  the 
regulations  of  the  Treasury  Department  relating  thereto, 
to  the  port  of  Albanv. 

R.  s.,  4362.  rpj^^  collector  of  the  district  of  Philadelphia  may  grant 
permits  for  the  transportation  of  merchandise  of  foreign 
growth  or  manufacture  across  the  State  of  Xew  Jersey  to 
the  district  of  New  York,  or  across  the  State  of  Delaware 
to  any  district  in  the  State  of  Maryland  or  Virginia ;  and 
the  collector  of  the  district  of  New  York  may  grant 
like  permits  for  transportation  across  the  State  of  New 
Jersey ;  and  the  collector  of  any  district  of  Maryland  or 
Virginia  may  grant  like  permits  for  transportation  across 
the  State  of  Delaware  to  the  district  of  Philadelphia. 
Every  such  permit  shall  express  the  name  of  the  owner,  or 
person  sending  the  merchandise,  and  of  the  person  to 
whom  the  merchandise  is  consigned,  with  the  marks, 
numbers,  and  description  of  the  packages,  whether  bale, 
box,  chest,  or  otherwise,  and  the  kind  of  goods  contained 
therein,  and  the  date  when  granted ;  and  the  owner,  or 
person  sending  such  goods,  shall  swear  that  they  were 
legally  imported,  and  the  duties  paid.  Where  the  mer- 
chandise, to  be  so  transported,  shall  be  of  less  value  than 
eight  hundred  dollars,  the  permit  shall  not  be  deemed 
necessary. 

R.  s.,  4363.  Xhe  owner  or  consignee  of  all  merchandise  transported 
under  the  provisions  of  the  preceding  section  and  for  the 
transportation  whereof  a  permit  is  necessary,  shall,  within 
twenty-four  hours  after  the  arrival  thereof  at  the  place  to 
which  such  merchandise  was  permitted  to  be  transported, 
report  the  same  to  the  collector  of  the  district  where  it  has 
arrived,  and  shall  deliver  up  the  permit  accompanying 
the  same;  and  if  the  owner  or  consignee  shall  neglect  or 
refuse  to  make  due  entry  of  such  merchandise  witliin  tiie 
time  and  in  the  manner  directed,  all  such  merchandij-e 
shall  be  subject  to  forfeiture;  and  if  the  permit  grantefl 
shall  not  be  given  up  within  the  time  limited  for  making 
the  report,  the  person  to  whom  it  was  granted,  negleciini>' 
or  refusing  to  deliver  it  up,  shall  be  liable  to  a  penalty  of 
fifty  dollai-s  for  every  twenty-four  hours  it  shall  be  with- 
held afterward. 


■g, 


PART   XV. ENTRY    OF    MERCHANDISE.  195 

213.  Clearance  at  special  ports. 

Any  vessel  owned  by  or  consigned  to  any  person  in  the   ^-  s.,  2554. 
collection-district    of    Richmond,    and    which    shall    be 
loaded,  in  whole  or  in  part,  in  the  district  of  Petersbur, 
by  such  owner  or  consignee,  may  be  cleared  by  the  col- 
lector of  the  district  of  Richmond,  on  application  of  the 
owner,  consignee,  or  captain  of  such  vessel. 

All  vessels  clearing  from  Portland,  in  the  district  of  R-  s.,  2589. 
Willamette,  and  bound  to  sea,  shall,  on  arrival  at  Astoria, 
m  the  district  of  Oregon,  report  to  the  collector;  and  the 
master  of  every  vessel  so  reporting  shall  leave  a  copy  of 
his  manifest,  including  any  additional  cargo  taken  on 
board  after  leaving  Portland,  with  the  collector  at  Asto- 
ria, and  thereupon  shall  be  allowed  to  proceed  to  sea. 
The  master  or  other  person  in  charge  or  command  of  any 
vessel  entering  the  Columbia  River  from  the  sea,  or  clear- 
ing from  Poi'tla.nd  and  bound  to  sea  as  described  in  this 
section,  who  shall  neglect  to  exhibit  his  papers,  or  to  re- 
port to  the  collector,  or  to  deposit  his  manifest,  as  herein 
required,  shall  be  liable  to  a  penalty  of  one  hundred 
dollars. 

The  master  or  person  having  charge  or  command  of  R-  s.,  4208. 
any  steamboat  on  Lake  Champlain,  when  going  from  the 
United  States  into  the  province  of  Quebec,  may  deliver  a 
manifest  of  the  cargo  on  board,  and  take  a  clearance  from 
the  collector  of  the  district  through  which  any  such  boat 
shall  last  pass,  when  leaving  the  United  States,  without 
regard  to  the  place  from  which  any  such  boat  shall  have 
commenced  her  voyage,  or  where  her  cargo  shall  have 
been  taken  on  board. 

214.  Entry  of  merchandise  for  different  port  of  destination. 

The  importer,  or  his  agent,  may  enter  merchandise  at  R.  s.,  2826. 
the  port  of  entry  for  the  collection-district  into  which  it 
is  to  be  imported  in  the  usual  manner;  and  the  collector 
shall  grant  a  permit  for  the  landing  thereof,  and  cause 
the  duties  to  be  ascertained  as  in  other  cases,  the  goods 
remaining  in  the  custody  of  the  collector  until  reshipped 
for  the  place  of  destination.  The  collector  shall  certify 
to  the  surveyor  at  such  place  the  amount  of  such  duties, 
which  the  surveyor  shall  enter  on  the  margin  of  the  bond 
given  to  securethe  same;  and  the  merchandise  shall  be 
delivered  by  the  collector  to  the  agent  of  the  importer  or 
consignee,  duly  authorized  to  receive  the  same,  for  ship- 
ment to  the  place  of  destination. 

The  master  or  conductor  of  every  vessel  or  vehicle  in  r.  s.,  2827. 
which  such  merchandise  shall  be  transported,  shall,  pre- 
viously to  departure  from  the  port  of  entry,  deliver  to  the 
collector  duplicate  manifests  of  such  merchandise,  speci- 
fying the  marks  and  numbers  of  every  case,  bag,  box, 
chest,  or  package,  containing  the  same,  with  the  name  and 
place  of  residence  of  every  importer  or  consignee  of  such 


196  NAVIGATION   LAWS   OF    THE   UNITED    STATES. 

merchandise,  and  the  quantity  shipped  to  each,  to  be  by 
him  subscribed,  and  to  the  truth  of  which  he  shall  swear, 
and  that  the  merchandise  has  been  received  on  board  his 
vessel  or  vehicle,  stating  the  name  of  the  agent  who 
shipped  the  same;  and  the  collector  shall  certify  the  facts, 
on  the  manifests,  one  of  which  he  shall  return  to  the  mas- 
ter, with  a  permit  thereto  annexed,  authorizing  him  to 
proceed  to  the  j^lace  of  his  destination. 
R.  s.,  2828.  jf  any  vessel  or  vehicle  having  such  merchandise  on 
board  shall  depart  from  the  port  of  entry  without  having 
complied  with  the  provisions  of  the  preceding  section,  the 
master  or  conductor  thereof  shall  be  liable  to  a  penalty  of 
five  hundred  dollars. 

215.  Comparison  of  cargo  and  manifest. 

R.  s.,  2830.  The  surveyor  at  the  port  of  delivery  shall  cause  the 
casks,  bags,  boxes,  chests,  or  packages,  to  be  inspected,  and 
compared  with  the  manifests,  and  the  same  being  identi- 
fied he  shall  grant  a  permit  for  unloading  the  same,  or 
such  part  thereof  as  the  master  or  conductor  shall  request; 
and  when  a  part  only  of  such  merchandise  is  intended  to 
be  landed  the  surveyor  shall  make  an  indorsement  on  the 
back  of  the  manifests,  designating  such  part,  specifying 
the  articles  to  be  landed,  and  shall  return  the  manifests  to 
the  master  or  conductor,  indorsing  thereon  his  permission 
to  such  vessel  or  vehicle  to  proceed  to  the  place  of  its 
destination. 

216.  Illegal  unlading. 

R.  s.,  2SCjt.  j-f  c^f^QY  fi^g  arrival  of  any  vessel  laden  with  merchan- 
dise and  bound  to  the  United  States,  within  the  limits  of 
any  collection-district,  or  within  four  leagues  of  the  coast, 
any  part  of  the  cargo  of  such  vessel  shall  be  unladen,  for 
any  purpose  whatever,  before  such  vessel  has  come  to  the 
proper  place  for  the  discharge  of  her  cargo,  or  some  part 
thereof,  and  has  been  there  duly  authorized  by  the  proper 
officer  of  the  customs  to  unlade  the  same,  the  master  of 
such  vessel  and  the  mate,  or  other  person  next  in  com- 
mand, shall  respectively  be  liable  to  a  penalty  of  one 
thousand  dollars  for  each  such  offense,  and  the  merchan- 
dise so  unladen  shall  be  forfeited,  except  in  case  of  some 
unavoidable  accident,  necessity,  or  distress  of  weather. 
In  case  of  such  unavoidable  accident,  necessity,  or  dis- 
tress, the  master  of  such  vessel  shall  give  notice  to,  and, 
together  with  two  or  more  of  the  officers  or  mariners  on 
board  such  vessel,  of  whom  the  mate  or  other  person  next 
in  command  shall  be  one,  shall  make  proof  upon  oath 
before  the  collector,  or  other  chief  officer  of  the  customs 
of  the  district,  within  the  limits  of  which  such  accident, 
necessity,  or  distress  happened,  or  before  the  collector,  or 
other  chief  officer  of  the  collection-district,  within  the 
limits  of  which  such  vessel  shall  first  afterward  arrive,  if 
the  accident,  necessity,  or  distress  happened  not  within 
the  limits  of  any  district,  but  within  four  leagues  of  the 


PART   XV. ENTRY    OF    MERCHANDISE.  197 

coast  of  the  United  States.  The  collector,  or  other  chief 
officer,  is  hereby  authorized  and  required  to  administer 
such  oath. 

If  any  merchandise,  so  unladen  from  on  board  any  R-  s.,  2868. 
such  vessel,  shall  be  put  or  received  into  any  other  vessel, 
except  in  the  case  of  such  accident,  necessity,  or  distress, 
to  be  so  notified  and  proved,  the  master  of  any  such  vessel 
into  which  the  merchandise  shall  be  so  put  and  received, 
and  every  other  person  aiding  and  assisting  therein,  shall 
be  liable  to  a  penalty  of  treble  the  value  of  the  merchan- 
dise, and  the  vessel  in  which  they  shall  be  so  put  shall  be 
forfeited. 
217.    Special  permit  to  unlade  by  night  and  preliminary  entry. 

Upon  arrival  at  any  port  in  the  United  States  of  any  R-  s.,  2871. 
vessel  or  other  conveyance  from  a  foreign  port  or  place,  p^^^^g^' Jg^i" 
either  directly  or  by'way  of  another  port  in  the  United 
States,  or  upon  such  arrival  from  another  port  in  the 
United  States  of  any  vessel  or  other  conveyance  belonging 
to  a  line  designated  by  the  Secretary  of  the  Treasury  as  a 
common  carrier  of  bonded  merchandise,  and,  after  due 
report  and  entry  of  such  vessel  in  accordance  with  exist- 
ing law  or  due  report,  under  such  regulations  as  the  Sec- 
retary of  the  Treasury  may  prescribe,  of  the  arrival  of 
such  other  conveyances,  the'^collector  of  customs,  with  the 
concurrence  of  the  naval  officer  at  ports  where  there  is  a 
naval  officer,  shall  grant,  upon  proper  application  there- 
for, a  special  license  to  lade  or  unlade  the  cargo  of  any 
such  vessel  or  other  conveyance  at  night ;  that  is  to  say. 
between  sunset  and  sunrise. 

The  master  of  any  vessel  from  a  foreign  port  or  place, 
upon  arrival  within  a  customs  collection  district  of  the 
United  States,  bound  to  a  port  of  entry  in  such  district, 
may  make  preliminary  entry  of  the  vessel  by  making  oath 
or  affirmation  to  the  truth  of  the  statements  contained  m 
his  oriijinal  manifest  and  delivering  his  said  original 
manifest  to  the  customs  officer  who  shall  board  such  vessel 
within  such  district,  with  a  copy  of  said  original  manifest 
for  the  use  of  the  naval  officer  at  ports  where  there  is  a 
naval  officer;  whereupon,  upon  arrival  at  the  wharf  or 
place  of  discharge,  the  lading  or  unlading  of  the  cargo  of 
such  vessel  mav  proceed,  bv  both  day  and  night,  under 
such  regulations  as  the  Secretary  of  the  Treasury  may 
prescribe.  i    i       . 

Before  any  such  special  license  to  lade  or  unlade  at 
night  shall  i3e  granted  and  before  any  permit  shall  be 
issued  for  the  immediate  lading  or  unlading  of  any  such 
vessel  after  preliminary  entry,  as  hereinbefore  provided, 
either  by  day  or  by  night  the  master,  owner,  agent,  or 
consignee  of  such  vessel  or  other  conveyance  shall  make 
proper  application  therefor  and  shall  at  the  same  time 
execute  and  deliver  to  the  United  States,  through  the  col- 


Sec.  2. 


Sec.  3. 


198  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

lector  of  customs,  a  good  and  sufficient  bond,  in  a  penal 
sum  to  be  approved  by  the  said  collector,  conditioned  to 
indemnify  and  save  the  United  States  harmless  from  any 
and  all  losses  and  liabilities  which  may  occur  or  be  occa- 
sioned by  reason  of  the  granting  of  such  special  license  or 
the  issuing  or  granting  of  such  permit  for  immediate 
lading  or  unlading;  or  the  master,  owner,  agent,  con- 
signee, or  probable  consignee,  as  aforesaid,  may  execute 
and  deliver  to  the  United  States,  in  like  manner  and 
form,  a  good  and  sufficient  bond,  in  the  penal  sum  of  fifty 
thousand  dollars,  conditioned  to  indemnify  and  save  the 
United  States  harmless  from  any  and  all  losses  and  lia- 
bilities which  may  occur  or  be  occasioned  by  reason  of  the 
granting  of  such  special  licenses  and  the  issuing  or  grant- 
ing of  such  permits  for  immediate  lading  or  unlading  by 
day  and  night  during  a  period  of  six  months. 

Sec.  4.  Such  application  having  been  duly  made  and  the  re- 

quired bond  having  been  duly  executed  and  delivered, 
special  license  or  licenses  to  lacte  or  unlade  at  night  after 
regular  entry  of  vessels,  and  due  report  of  other  convey- 
ances, may  be  granted,  and  a  permit  or  permits  may  be 
issued  for  the  immediate  lading  and  unhiding,  b}^  day  and 
night,  of  vessels  admitted  to  preliminary  entry,  or  of 
other  conve3'ances  of  which  due  report  of  arrival  has  been 
made:  Provided^  That  the  provisions  of  this  Act  shall 
extend  and  be  applicable  to  any  vessels  or  other  conve}-- 
ances  bound  to  a  port  of  entry  in  the  United  States  to  be 
unladen  at  a  port  of  delivery  or  to  be  unladen  at  a  place 
of  discharge  designated  by  the  Secretary  of  the  Treasury 
under  the  provisions  of  section  twenty-seven  hundred  and 
seventy-six  of  the  Revised  Statutes  as  amended:  Provided 
further^  That  when  preliminary  entry  of  a  vessel  shall  be 
mnde  by  the  master  as  herein  provided  he  shall  not  be 
relieved  from  making  due  report  and  entry  of  his  vessel 
at  the  customhouse  in  accordance  with  existing  law,  and 
any  liability  of  the  master  or  owner  of  any  such  vessel  to 
the  owner  or  consignee  of  any  merchandise  landed  from 
her  shall  not  be  affected  by  the  granting  of  such  special 
license,  but  such  liability  shall  continue  until  the  merchan- 
dise is  properly  removed  from  the  dock  whereon  the  same 
may  be  landed. 

Sec.  5.  xhe  Secretary  of  the  Treasury  shall  fix  a  reasonable 

rate  of  extra  compensation  for  night  services  of  inspec- 
tors, storekeepers,  weighers,  and  other  customs  officers  and 
employees  in  connection  with  the  lading  or  unlading  of 
cargo  at  night,  or  the  lading  at  night  of  cargo  or  mer- 
chandise for  transportation  in  bond  or  for  exportation  in 
bond,  or  for  the  exportation  with  benefit  of  drawback,  but 
such  rate  of  compensation  shall  not  exceed  an  amount 
equal  to  double  the  rate  of  compensation  allowed  to  each 
such  officer  or  employee  for  like  services  rendered  by  day. 
the  said  extra  compensation  to  be  paid  by  the  master. 


PART   XV. ENTEY   OF    MERCHANDISE. 


199 


owner,  agent,  or  consignee  of  such  vessel  or  other  convey- 
ance, whenever  such  special  license  or  permit  for  immedi- 
ate lading  or  unlading  or  for  lading  or  unlading  at  night 
or  on  Sundays  or  holidays  shall  be  granted,  to  the  collec- 
tor of  customs,  who  shall  pay  the  same  to  the  several  cus- 
toms officers  and  employees  entitled  thereto  according  to 
the  rates  fixed  therefor  by  the  Secretary  of  the  Treasury. 
Customs  officers  acting  as  boarding  officers,  and  any  cus- 
toms offixer  Avho  may  be  designated  for  that  purpose  by 
the  collector  of  customs,  are  hereby  authorized  to  adminis- 
ter the  oath  or  affirmation  herein  provided  for,  and  such 
boarding  officers  shall  be  allowed  extra  compensation  for 
services  in  boarding  vessels  at  night  or  on  Sundays  or 
holidays — at  the  rate  prescribed  by  the  Secretary  of  the 
Treasury  as  herein  provided,  the  said  extra  compensation 
to  be  paid  by  the  master,  owner,  agent,  or  consignee  of 
such  vessels. 
•218.    Unlading-  by  clay. 

Except  as  authorized  by  the  preceding  section,  no  mer- 
chandise brought  in  any  vessel  from  any  foreign  port 
shall  be  unladen  or  delivered  from  such  vessel  within  the 
United  States  but  in  open  day— that  is  to  say,  between  the 
rising  and  the  setting  of  the  sun — except  by  special  license 
from  the  collector  of  the  port,  and  naval  officer  of  the 
same,  where  there  is  one,  for  that  purpose,  nor  at  any  time 
without  a  permit  from  the  collector,  and  naval  officer,  if 
any,  for  such  unlading  or  delivery. 

When  the  license  to  unload  between  the  setting  and  ris- 
ing of  the  sun  is  granted  to  a  sailing  vessel  under  this 
section,  a  fixed,  uniform,  and  reasonable  compensation 
may  be  allowed  to  the  inspector  or  inspectors  for  service 
between  the  setting  and  rising  of  the  sun,  under  such  regu- 
lations as  the  Secretary  of  the  Treasury  may  prescribe, 
to  be  received  by  the  collector  from  the  master,  ov/ner,  or 
consignee  of  the  vessel,  and  to  be  paid  by  him  to  the  in- 
spector or  insjiectors. 

If  any  merchandise  shall  be  unladen  or  delivered  from 
anv  vessel  contrary  to  the  preceding  section,  the  master 
of  "such  vessel,  and  every  other  person  who  shall  know- 
ingly be  concerned,  or  aiding  therein,  or  in  removing, 
storing,  or  otherwise  securing  such  merchandise,  shall 
each  be  liable  to  a  penalty  of  four  hundred  dollars  for 
each  offense,  and  shall  be  disabled  from  holding  any  office 
of  trust  or  profit  under  the  United  States,  for  a  term  not 
exceeding  seven  vears;  and  the  collector  of  the  district 
shall  advertise  tlie  name  of  such  person  in  a  newspaper 
printed  in  the  State  in  which  he  resides,  within  twenty 
davs  after  each  respective  conviction. 

All  merchandise,  so  unladen  or  delivered  contrary  to 
the  provisions  of  section  twenty-eight  hundred  and  sev- 


R.  S.,  2S72. 


June  26, 1884. 
Sec.  25. 


R.  S.,  2873. 


R.  S.,  2874. 


200  NAVIGATION   LAWS   OF    THE   UNITED    STATES. 

enty-two,  shall  become  forfeited,  and  may  be  seized  by 
any  of  the  officers  of  the  customs;  and  where  the  valr.e 
thereof,  according  to  the  highest  market  price  of  the  same, 
at  the  port  or  district  where  hmded,  shall  amount  to  four 
hu.ndred  dollars,  the  vessel,  tackle,  apparel,  and  furniture 
shall  be  sul)ject  to  like  forfeiture  and  seizure. 
219.    Supervision  of  unlading'. 

R.  s.,  2875.  xhe  collector  of  any  district  at  which  any  vessel  ar- 
rives, immediately  on  her  first  coming  within  such  dis- 
trict, or  the  surve3^or  of  any  port  where  such  vessel  is, 
may  put  and  keep  on  board  such  vessel,  while  remaining 
within  such  district,  or  in  going  from  one  district  to  an- 
other, one  or  more  inspectors  to  examine  the  cargo  or 
contents  of  such  vessel,  and  to  superintend  the  delivery 
thereof,  or  of  so  much  thereof  as  shall  be  delivered  within 
the  United  States,  and  to  perform  such  other  duties  ac- 
cording to  law,  as  they  shall  be  directed  by  the  collector, 
or  surveyor,  to  j^^rform  for  the  better  securing  the  col- 
lection of  the  duties.  Only  collectors  shall  have  power, 
however,  to  put  inspectors  on  board  vessels  to  go  from 
one  district  to  another. 

R.  s.,  2876.  xhe  inspector  shall  make  known  to  the  master  of  such 
vessel  the  duties  he  is  to  perform;  and  shall  suffer  no 
merchandise  to  be  unladen,  or  otherwise  removed  from 
such  vessel,  without  a  permit  in  writing  from  the  collector 
of  the  port,  and  naval  officer  thereof,  if  any.  The  in- 
spector shall  enter  in  a  book,  to  be  by  him  kept  according 
to  such  a  form  as  shall  be  prescribed  or  approved  by  the 
collector,  the  name  of  the  person  in  whose  behalf  such 
permits  are  granted,  together  with  the  particulars  therein 
specified,  and  the  marks,  numbers,  kinds,  and  descrip- 
tion of  the  respective  packages  which  shall  be  unladen 
pursuant  thereto,  and  shall  keep  a  like  account  in  the 
book  of  all  merchandise  which,  not  having  been  entered 
within  the  time  limited  by  this  Title  [R.  S.,  2517-312<)], 
or  for  some  other  cause,  has  been  sent  to  the  store  or  ware- 
house provided  for  the  reception  of  such  merchandise; 
such  book  shall  be  delivered  to  the  surveyor  in  the  month 
of  January  in  every  3^ear  for  his  inspection,  and  immedi- 
ately aft^r  such  inspection  be  transmitted  by  the  sur- 
veyor, with  such  observations  as  he  may  think  necessarj'' 
thereon,  to  the  collector,  to  be  deposited  in  his  office. 

R.  s.,  2877.  The  inspector  shall  attend  to  the  delivery  of  the  cargo 
under  his  care,  at  all  times  when  the  unlading  or  delivery 
of  merchandise  is  lawful,  particularly  from  the  rising  to 
the  setting  of  the  sun  on  each  day,  Sundays  and  the 
fourth  day  of  July  in  each  year  excepted;  for  which  pur- 
pose he  shall  constantly  attend  and  remain  on  board  the 
vessel,  the  deliveries  from  which  he  is  to  superintend,  or  at 
any  other  station  where  his  inspection  is  necessary.  The 
inspector  shall  not  quit  such  station  or  place  without  the 
leave  of  the  surveyor  of  the  port  first  obtained,  who  shall 


PART   XV. ENTEY    OF    MEECHANDISE.  201 

appoint  another  inspector,  if  he  deems  it  necessary,  to 
supply  the  place  of  such  inspector  during  his  absence; 
and  any  inspector  who  shall  neglect  or  in  any  manner  act 
contrary  to  the  duties  hereby  enjoined,  shall  for  the  first 
offense  be  liable  to  a  penalty  of  the  sum  of  fifty  dollars, 
and  for  the  second  offense  shall  be  displaced,  and  be  in- 
capable of  holding  any  station  of  trust  or  profit  under 
the  revenue  laws  of  the  United  States,  for  a  term  not 
exceeding  seven  years. 

No  inspector  shall  perform  any  other  duties  or  service  R.  s.,  2878, 
on  board  any  vessel,  the  superintendence  of  vdiich  is  com- 
mitted to  him,  for  any  person  whatever,  other  than  what 
is  required  by  this  Title  [R.  S.,  2517-3129],  under  tlie 
penalty  of  being  disabled  from  acting  any  longer  as  an 
inspector  of  the  customs;  the  wages  or  compensation  of 
such  inspector  as  may  proceed  from  one  district  to  an- 
other, shall  be  defrayed  by  the  master  of  the  vessel  com- 
mitted to  his  care ;  every  inspector  or  other  officer  of  the 
revenue,  while  performing  any  duty  on  board  any  vessel, 
not  in  a  port  of  the  United  States,  discharging  her  cargo, 
shall  be  entitled  to  receive  from  the  master  of  such  vessel 
such  provisions  and  accommodations  as  are  usually  sup- 
plied to  passengers,  or  as  the  state  and  condition  of  such 
vessel  will  admit,  on  receiving  therefor  fifty  cents  a  day ; 
and  any  master  of  any  vessel  who  shall  refuse  such  pro- 
visions and  reasonable  accommodations  shall  be  liable  to 
a  penalty  of  one  hundred  dollars. 

If,  by  reason  of  the  delivery  of  the  cargo  in  several  dis-  »•  s.,  2879. 
tricts,  more  than  the  term  allowed  by  law  shall  in  the 
whole  be  spent  therein,  the  wages  or  compensation  of  the 
inspector  who  may  be  employed  on  board  of  any  vessel,  in 
respect  to  which  such  term  may  be  so  exceeded,  shall,  for 
every  day  of  such  excess,  be  paid  by  the  master  or  owner; 
and  the  inspector  shall,  previously  to  the  clearance  of  the 
vessel,  render  an  exact  account  to  the  collector  of  all  such 
compensation  as  has  been  paid,  or  is  due  and  payable  by 
the  master  or  owner. 

The  inspector  who  may  be  put  on  board  of  any  vessel  ^-  s.»  3070. 
shall  secure,  after  sunset  in  each  evening,  or  previous  to 
his  quitting  the  vessel,  the  hatches  and  other  communica- 
tions with" the  hold  of  such  vessel,  or  any  other  part 
thereof  he  may  judge  necessary,  with  locks  or  other 
proper  fastenings,  which  locks  or  other  fastenings  shall 
not  be  opened,  broken,  or  removed  until  the  morning  fol- 
lowing, or  after  the  rising  of  the  sun,  and  in  the  presence 
of  the  inspector  by  whom  the  same  were  affixed,  except  by 
special  license  from  the  collector  of  the  port,  and  the 
naval  officer,  if  any,  first  obtained.  If  the  locks  or  other 
fastenings,  or  any  of  them,  are  broken  or  removed  con- 
trary to  this  section,  or  if  any  merchandise  or  packages 
are  clandestinely  landed,  notice  thereof  shall  be  immedi- 
ately given  by  the  inspector  to  the  collector  and  naval 


202  NAVIGATION   KIWS    OF    THE   UNITED    STATES. 

officer,  if  any,  of  the  port  where  the  vessel  may  be ;  and 
the  master  of  such  vessel  shall,  for  each  or  every  such 
offense,  be  liable  to  a  penalty  of  five  hundred  dollars. 

220.  Limit  of  time  for  unlading. 

R.  s.,  2880.  Whenever  any  merchandise  shall  be  imported  into  aii}^ 
May  9,  1896.  ^^^^,^  ^£  ^j-^^  United  States  from  any  foreign  port,  in  any 
^  essel,  at  the  expiration  of  ten  working  days  if  the  vessel 
is  less  than  five  hundred  tons  register,  and  within  fifteen 
working  davs  if  it  is  of  five  hundred  tons  register  and 
less  than  one  thousand,  and  within  twenty  working  days 
if  it  is  of  one  thousand  tons  register  and  less  than  fifteen 
hundred,  and  within  twenty-five  w^orking  days  if  it  is  of 
fifteen  hundred  tons  register  and  upward,  not  including 
legal  holidays  and  days  when  the  condition  of  the  weather 
prevents  the  unlading  of  the  vessel  with  safety  to  its 
cargo,  after  the  time  within  which  the  report  of  tlie 
master  of  any  vessel  is  required  to  be  made  to  the  col- 
lector of  the  district,  if  there  is  found  any  merchandise 
other  than  has  been  reported  for  some  other  district  or 
some  foreign  port,  the  collector  shall  take  possession 
thereof;  but  with  the  consent  of  the  owner  or  consignee 
of  any  merchandise,  or  with  the  consent  of  the  owner  or 
master  of  the  vessel  in  which  the  same  may  be  imported, 
the  merchandise  may  be  taken  possession  of  by  the  col- 
lector after  one  day's  notice  to  the  collector  of  the  district. 
All  merchandise  so  taken  shall  be  delivered  pursuant  to 
the  order  of  the  collector  of  the  district,  for  which  a  cer- 
tificate or  receipt  shall  be  granted. 
R.  s.,  2881.^  j]-^g  limitation  of  time  for  unlading,  prescribed  b}^  the 
Sec  ^2.'  '^  "  preceding  section,  shall  not  extend  to  vessels  laden  exclu- 
sively with  coal,  salt,  sugar,  hides,  dyewoods,  wool,  or  jute 
butts,  consigned  to  one  consignee,  arriving  at  a  port  for 
orders;  but  if  the  master  of  any  such  vessel  requires  a 
longer  time  to  discharge  her  cargo,  the  wages  or  compen- 
sation of  the  inspector,  for  every  day's  attendance  ex- 
ceeding the  number  of  days  allowed  by  law,  shall  be  joaid 
by  the  master  or  owner;  and  thereupon  the  collector  is 
hereby  authorized  and  required  to  allow  such  longer  time, 
not  exceeding  fifteen  days. 
R.  s.,  2969.  ^\n  merchandise  of  which  the  collector  shall  take  pos- 
session under  the  provisions  relating  to  the  time  for  the 
discharge  of  a  vessel's  cargo  shall  be  kept  with  due  and 
reasonable  care  at  the  charge  and  risk  of  the  owner. 

221.  Unlading  of  wines  and  spirits. 

R.  s.,  2883.  Every  permit  for  the  unlading  of  spirits,  wines,  or  any 
part  thereof,  shall,  previous  to  such  landing  or  unlading 
thereof,  be  produced  to  the  officer  of  inspection,  who  shall 
record  or  register  in  proper  books  the  contents  thereof, 
and  shall  indorse  thereupon  the  word  "  Inspected,"  the 
time  when,  and  his  own  name;  after  which  he  shall 
return  the  permit  to  the  person  by  whom  it  was  produced, 


PART   XV. ENTRY    OF    MERCHANDISE.  203 

ai^d  then,  and  not  otherwise,  it  shall  be  la\Yful  to  hind  the 
spirits,  or  >Yiiies,  therein  specified;  and  if  spirits  or  wines 
shall  be  landed  without  such  indorsement  upon  the  permit 
granted  for  that  purpose,  the  master  of  the  vessel  from 
which  the  same  shall  have  been  so  landed  shall  for  every 
such  offense  be  liable  to  a  penahy  of  five  hundred  dollars, 
and  the  spirits  or  wines  so  landed  shall  be  forfeited. 

All  distilled  spirits,  and  wines,  shall  be  landed  under  k.  s.,  2884. 
the  inspection  of  the  surveyor,  or  other  officer  acting  as 
inspector  of  the  revenue  for  the  port,  and  such  of  the  in- 
spect>ors  of  the  customs  as  shall  be  deputed  by  him  for 
that  purpose,  and  not  otherwise,  on  pain  of  forfeiture 
thereof,  for  which  purpose  the  officer  shall  at  all  reason- 
able times  attend.  This  shall  not,  however,  be  construed 
to  exclude  the  inspection  of  any  officer  of  the  customs,  as 
now  or  heretofore  practiced. 
222.   Post  entry. 

If  any  package  whatever  which  has  been  so  reported  is  ^^-  s..  2887. 
wanting,  and  not  found  on  board  such  vessel,  or  if  the 
merchandise  on  board  such  vessel  does  not  otherwise  agree 
with  the  report  or  manifest  delivered  by  the  master  of 
any  such  vessel,  in  every  such  case  the  master  shall  be 
liable  to  a  penalty  of  five  hundred  dollars;  except  that 
if  it  is  made  to  appear  to  tlie  satisfaction  of  the  collector, 
naval  officer,  and  surveyor,  or  to  the  major  part  of  them 
where  those  ofiicers  are  established  at  any  port,  or  to  the 
satisfaction  of  the  collector  alone  where  neither  of  the 
others  is  established,  or  in  case  of  trial  for  the  penalty,  to 
the  satisfaction  of  the  court,  that  no  part  whatever  of 
merchandise  of  such  vessel  has  been  unshipped,  landed, 
or  unladen  since  it  was  taken  on  board,  except  as  speci- 
fied in  the  report  or  manifest,  and  pursuant  to  permits, 
or  that  the  disagreement  is  by  accident  or  mistake,  in 
such  case  tlie  penalty  shall  not  be  inflicted.  But  in  all 
such  cases  the  master  of  any  vessel  shall  be  required  and 
shall  mal^e  a  post  entry  or  addition  to  the  report  or  niani- 
fest  by  him  delivered  of  any  and  all  merchandise  omitted 
to  be  included  and  reported  in  such  manifest;  and  it  shall 
not  be  lawful  to  grant  a  permit  to  unlade  any  such  mer- 
chandise so  omitted  before  such  post  entry  or  addition  to 
such  report  or  manifest  has  been  made. 
223.   Returns  of  unlading  of  cargo. 

When  the  delivery  of  merchandise  from  on  board  of  ^-  s-  ^sss- 
any  vessel  is  completed,  copies  of  the  accounts  or  entries 
which  have  been  kept  or  made  thereof,  by  the  officer 
charged  with  the  deliveries,  shall  be  returned  to  the  col- 
lector of  the  district,  and  the  naval  officer,  if  any,  within 
three  days  after  such  delivery  has  been  completed,  if  at 
the  port  where  such  officer  resides,  and  if  at  any  other 
port  as  soon  as  the  nature  of  the  case  w^ill  admit,  not  ex- 
ceeding fifteen  days.     The  accounts  or  entries  to  be  so 


204  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

returned  shall  comprise  all  deliveries  made  pursuant  to 
permits,  and  all  packages  or  merchandise  sent  to  the 
public  stores;  also  each  and  every  package  remaining  on 
board  of  such  vessel  for  the  purpose  of  being  exported 
therein  to  a  foreign  portj  or  to  some  other  district  of  the 
United  States. 

R.  s.,  2889.  Such  returns  shall  be  signed  by  the  inspectors  respec- 
tivel}^  under  whose  superintendence  the  deliveries  have 
been  made;  and,  after  examination,  and  on  being  found 
correct,  shall  be  countersigned  or  certified  by  the  sur- 
veyor of  the  port,  if  any,  at  the  port  where  the  deliveries 
have  been  made.  The  returns  shall  be  transmitted  by 
him  to  the  naval  officer,  if  any;  who  shall  compare  the 
same  with  the  manifests  and  entries  in  his  possession ; 
and  if  any  difference  appears,  the  particulars  thereof 
shall  be  noted  by  indorsement  on  the  returns;  and  if  no 
difference  appears,  it  shall  be  so  noted  by  like  indorse- 
ments. The  naval  officer  shall  transmit  the  returns  to 
the  collector  of  the  district ;  and  on  being  returned  to  the 
collector,  shall  be  by  him  compared  with  the  manifests 
and  entries  of  the  merchandise,  which  have  been  made  by 
the  owner,  consignee,  or  his  factor  or  agent;  and  if  any 
difference  appears,  the  same  shall  be  noted  by  indorse- 
ment on  such  manifests,  specifying  the  particulars 
thereof;  and  if  no  difference  appears,  it  shall  be  noted  by 
like  indorsement,  that  the  delivery  corresponds  with  the 
entry  or  entries  thereof.  The  indorsement  or  memoran- 
dum shall,  in  each  case,  be  subscribed  by  the  officer  by 
whom  the  comparison  v^as  made. 
224.   Vessels  in  distress. 

R.  s.,  2891.  If  any  vessel  from  any  foreign  port,  compelled  by  dis- 
tress of  weather,  or  other  necessity,  shall  put  into  any 
port  of  the  United  States,  not  being  destined  for  the 
same,  the  master,  together  with  the  mate  or  person  next 
in  command,  may,  within  tAventy-four  hours  after  her 
arrival,  make  protest  in  the  usual  form  upon  oath,  be- 
fore a  notary  public  or  other  person  duly  authorized, 
or  before  the  collector  of  the  district  where  the  vessel 
arrives,  setting  forth  the  cause  or  circumstances  of  such 
distress  or  necessity.  Such  protest,  if  not  made  before 
the  collector,  shall  be  produced  to  him,  and  to  the  naval 
officer,  if  any,  and  a  copy  thereof  lodged  with  him  or 
them.  The  master  shall  also,  within  forty-eight  hours 
after  such  arrival,  make  report  in  writing  to  the  collector, 
of  the  vessel  and  her  cargo,  as  is  directed  hereby  to  be 
done  in  other  cases.  And  if  it  appear  to  the  collector, 
by  the  certificate  of  the  wardens  of  the  port,  or  other 
officers  usually  charged  Avith,  and  accustomed  to  ascertain 
the  condition  of  vessels  arriving  in  distress,  if  an}^,  or  by 
the  certificate  of  tAvo  rei^utable  merchants,  to  be  named 
for  that  23urpose  by  the  collector,  if  there  are  no  such 
wardens,  or  other  officers  duly  qualified,  that  there  is  a 


PART   XV. ENTRY    OP    MERCHANDISE.  205 

necessity  for  unlading  the  vessel,  the  collector  and  naval 
officer,  if  any,  shall  grant  a  permit  for  that  purpose, 
and  shall  appoint  an  inspector  to  oversee  such  unlading, 
who  shall  keep  an  account  of  the  same,  to  be  compared 
with  the  report  made  by  the  master  of  the  vessel. 

All  merchandise  so  unladen  from  any  vessel  arriving  in  R.  s.,  2892. 
distress  shall  be  stored  under  the  direction  of  the  collector, 
who,  upon  request  of  the  master  of  such  vessel,  or  of  the 
owner  thereof,  shall,  together  with  the  naval  officer,  where 
there  is  one,  and  alone  where  there  is  none,  grant  permis- 
sion to  dispose  of  such  part  of  the  cargo  as  may  be  of  a 
2:)erishable  nature,  if  any  there  be,  or  as  may  be  necessary 
to  defray  the  expenses  attending  such  vessel  and  her  cargo. 
But  entry  shall  be  made  therefor,  and  the  duties  paid. 

In  case  the  delivery  of  the  cargo  does  not  agree  with  the  R-  s.,  2893. 
report  thereof,  made  by  the  master  of  such  vessel  so  arriv- 
ing in  distress,  and  if  the  difference  or  disagreement  is  not 
satisfactorily  accounted  for  in  manner  prescribed  bv  this 
Title  [R.  S.,  2517-3129],  the  master  of  such  vessel  shall  be 
liable  to  such  penalties  as  in  other  like  cases  are  pre- 
scribed. 

The  merchandise,  or  the  remainder  thereof,  which  shall  R-  s.,  2894. 
not  be  disposed  of,  may  be  reladen  on  board  the  vessel  so 
arriving  in  distress,  under  the  inspection  of  the  officer  who 
superintended  the  landing  thereof,  or  other  proper  per- 
son; and  the  vessel  may  proceed  with  the  same  to  the 
place  of  her  destination,  free  from  any  other  charge  than 
for  the  storing  and  safe-keeping  of  the  merchandise,  and 
fees  to  the  officers  of  the  customs  as  in  other  cases. 

A\lienever  any  Spanish  vessel  shall  arrive  in  distress,  in  R.  s.,  2895. 
any  port  of  the  United  States,  having  been  damaged  on 
the  coasts  or  within  the  limits  of  the  United  States,  and 
her  cargo  shall  have  been  unladen,  in  conformity  Avith  the 
provisions  of  the  four  preceding  sections,  the  cargo,  or 
any  part  thereof,  may,  if  the  vessel  should  be  condemned 
as  not  seaworthy,  or  be  deemed  incapable  of  performing 
her  original  voyage,  afterward  be  reladen  on  board  any 
other  vessel  under  the  inspection  of  the  officer  who  super- 
intended the  landing  thereof,  or  other  proper  person.  No 
duties,  charges,  or  fees  whatever,  shall  be  paid  on  such 
part  of  the  cargo  as  may  be  reladen  and  carried  away, 
either  in  the  vessel  in  which  it  was  originally  imported, 
or  in  any  other. 
225.    Obstruction  by  ice. 

When  a  vessel  is  prevented  by  ice  from  getting  to  the 
port  or  place  at  which  her  cargo  is  intended  to  be  deliv- 
ered, the  collector  of  the  district  in  which  such  vessel  may 
be  obstructed  mav  receive  the  report  and  entry  of  such 
vessel,  and,  with  \he  consent  of  the  naval  officer,  where 
there  is  one,  grant  permits  for  unlading  or  landmg  the 
merchandise  imported  in  such  vessel,  at  any  place  within 


R.  S.,  2896. 


206  NAVIGATION   L.iWS    OF   THE   UNITED    STATES. 

his  district,  most  convenient  and  proper.  The  report  and 
entry  of  snch  vessel,  and  her  cargo,  or  any  part  thereof, 
and  all  persons  concerned  therein,  shall  be  subject  to  the 
same  regulations  and  penalties  as  if  the  vessel  had  ar- 
rived at  the  port  of  her  destination,  and  had  there  pro- 
ceeded to  the  delivery  of  her  cargo. 

226.  Unlawful  removal  of  bonded  merchandise. 

R.  s.,  2998.  Any  person  maliciously  opening,  breaking,  or  entering 
by  any  means  whatever,  an}^  car,  vessel,  vehicle,  ware- 
house, or  package  containing  any  such  merchandise  so 
delivered  for  transportation,  or  removing,  injuring,  break- 
ing, or  defacing  any  lock  or  seal  j^laced  upon  such  car, 
vessel,  vehicle,  warehouse,  or  package,  or  aicling,  abetting, 
or  encou. raging  any  other  person  or  persons  so  to  remove, 
break,  injure,  or  deface  such  locks  or  seals,  or  to  open, 
break,  or  enter  such  car,  vessel,  or  vehicle,  with  intent  to 
remove  or  cause  to  be  removed  unlawfully  any  merchan- 
dise therein,  or  in  any  manner  to  injure  or  defraud  the 
United  States;  and  any  person  receiving  any  merchandise 
unlawfully  removed  from  any  such  car,  vessel,  or  vehicle, 
knowing  it  to  have  been  so  unlawfully  removed,  shall  be 
guilty  of  felony,  and  in  addition  to  any  penalties  hereto- 
fore prescribed  shall  be  punishable  by  imprisonment  for 
not  less  than  six  months  nor  more  than  two  years. 

227.  Transportation  in  bond. 

R.  s.,  3000.  Any  merchandise,  duly  entered  for  warehousing,  may 
be  withdraAvn  under  bond,  without  pa3anent  of  the  duties, 
from  a  bonded  warehouse  in  any  collection-district,  and 
be  transported  to  a  bonded  warehouse  in  any  other  col- 
lection-district, and  rewarehoused  thereat;  and  any  such 
merchandise  may  be  so  transported  to  its  destination 
wholly  b}^  land,  or  wholly  by  water,  or  partially  by  land 
and  partially  by  water,  over  such  routes  as  the  Secretary 
of  the  Treasury'  may  prescribe,  and  may  likewise  be  con- 
veyed over  any  foreign  territor}^,  the  government  of 
which  may  have,  or  shall  by  treaty  stipulations  grant,  a 
free  right  of  way  over  such  territory. 

R.  s.,  3001.  rj^Yi^  Secretary  of  the  Treasury  shall  prescribe  the  form 

of  the  bond  to  be  given  for  the  transportation  of  mer- 
chandise from  a  port  in  one  collection-district  to  a  port 
in  another  collection-district  as  provided  in  the  pre- 
ceding section ;  also  the  time  for  such  delivery ;  and  for  a 
failure  to  transport  and  deliver  within  the  time  limited 
any  such  bonded  merchandise  to  the  collector  at  the  des- 
ignated port,  a  duty  of  double  the  amount  to  which  such 
merchandise  would  be  liable  shall  be  collected,  which 
duty  shall  l)e  secured  by  such  bond,  or  the  merchandise 
may  be  seized  and  forfeited  for  such  failure,  and  any 
steam  or  other  vessel,  or  vehicle,  transporting  such  bonded 
merchandise,  the  mnster,  owner,  or  conductor  of  which 
shall  fail  to  deliver  the  same  to  the  collector  at  the  desig- 
nated port,  shall  be  liable  to  seizure  and  forfeiture.     And 


PART   XV. ENTRY   OF    MERCHANDISE.  207 

the  Secretary  of  the  Treasury  is  hereby  authorized  to 
remit,  in  wiiole  or  in  part,  on  such  conditions  and  under 
such  reguLations.  not  inconsistent  with  hiw,  as  he  may 
prescribe,  the  additional  duty  secured  by  the  bond  given 
for  the  transportation  of  merchandise  from  a  port  in  one 
collection-district  to  a  port  in  another  collection-district 
prescribed  by  the  preceding  section:  Provided ,  That  it 
shall  be  proved  to  the  satisfaction  of  the  Secretary  of  the 
Treasury  that  the  failure  to  transport  and  deliver  the 
merchandise  aforesaid  according  to  the  conditions  of  the 
bonds  occurred  without  willful  negligence  or  fraudulent 
intent  on  the  part  of  the  obligors. 
228.   Transportation  to  special  ports. 

Any  imported  merchandise  in  the  original  packages  R-  s.,  3002. 
which  shall*  have  been  duly  entered  and  bonded,  in  pursu- 
ance of  the  provisions  relating  to  warehouses,  miay  be 
withdrawn  from  Avarehouse  for  immediate  exportation, 
without  payment  of  duties,  to  Chihuahua,  in  Llexico,  by 
the  route  of  the  Arkansas  River,  through  Van  Buren,  or 
by  the  route  of  the  Red  River,  through  Fulton,  or  by  the 
route  of  the  Missouri  River,  through  Independence,  or  by 
such  other  routes  as  may  be  designated  by  the  Secretary 
of  the  Treasury.  Any  imported  merchandise  duly  entered 
and  bonded  at  Brownsville,  in  the  district  of  Brazos  de 
Santiago,  or  imported  and  bonded  at  any  other  port  of 
the  United  States,  and  transported  thence  in  bond,  and 
duly  rewarehoused  at  Brownsville,  may  be  withdrawn 
from  warehouse  for  immediate  exportation,  without  pay- 
ment of  duties,  to  ports  and  places  in  Mexico,  by  land  or 
water,  or  partly  by  land  and  partly  by  w^ater,  or  by  such 
routes  as  may  be  designated  by  the  Secretary  of  the 
Treasury. 

Any  imported  merchandise  duly  entered  and  bonded  in  R-  s.,  3003. 
any  port  of  the  United  States  may  be  withdrawn  from 
warehouse  without  payment  of  duties,  for  immediate  ex- 
portation for  San  Fernando,  Paso  del  Norte,  and  Chi- 
huahua, in  Mexico,  through  the  port  of  Lavaca,  in  the 
collection-district  of  Saluria,  in  the  State  of  Texas,  and 
be  transshipped  inland,  thence  to  San  Antonio,  in  that 
State,  and  from  the  latter  place  to  the  destinations  in 
Mexico,  either  bv  wav  of  Eagle  Pass,  the  Presidio  del 
Norte,  or  San  Elizario,  all  on  the  Rio  Grande;  and  the 
Secretary  of  the  Treasury  is  hereby  authorized  to  pre- 
scribe such  regulations,  not  inconsistent  with  law.  as  he 
may  deem  proper  and  necessary,  respecting  the  packing, 
marking,  inspection,  proof  of  due  delivery  at  their  foreign 
destinations  of  the  imports  authorized  by  this  and  the 
foregoing  section  to  be  exported  from  warehouse  to  ports 
and  places  in  Mexico,  and  for  the  due  protection  in  other 
respects  of  the  public  revenue. 

Imported  merchandise  dulv  entered  and  bonded  at  a   f^:'l^^^' 
port  of  the  United  States,  and  withdrawn  from  ware-   ^^Pt-^^' 


208 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


R.  S.,  3005. 
May  21,  1900, 
Sec.  2. 


R.  S.,  3006. 


house  in  accordance  with  existing  law,  for  exportation 
for  San  Fernando,  Paso  del  Norte,  and  Chihuahua,  in 
Mexico,  may  pass  through  Eagle  Pass,  the  port  of  entry 
for  the  district  of  Saluria,  in  Texas,  under  such  regula- 
tions as  the  Secretary  of  the  Treasury  shall  prescribe,  as 
Avell  as  through  the  joort  of  Lavaca. 

R.  s.,  3005.  All  merchandise  arriving  at  the  ports  of  New  York, 

Boston,  Portland  in  Maine,  or  any  other  port  specially 
designated  by  the  Secretary  of  the  Treasuiw,  and  destined 
for  places  in  the  adjacent  British  provinces,  or  arriving 
at  the  port  of  Brownsville  in  Texas,  or  any  other  port 
specially  designated  by  the  Secretary  of  the  Treasury, 
and  destined  for  places  in  the  republic  of  Mexico,  may 
be  entered  at  the  custom-house,  and  conveyed,  in  transit, 
through  the  territoiy  of  the  United  States,  without  the 
payment  of  duties,  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  m^y  prescribe. 

All  merchandise  arriving  at  any  port  of  the  United 
States  destined  for  am-  foreign  country  may  be  entered 
at  the  custom-house,  and  conveyed,  in  transit,  through 
the  territory  of  the  United  States,  without  the  payment 
of  duties,  under  such  regulations  as  to  examination  and 
transportation  as  the  Secretary  of  the  Treasury  may  pre- 
scribe. 

Imported  merchandise  in  bond,  or  duty  paid,  and  prod- 
ucts or  manufactures  of  the  United  States,  ma}^,  with  the 
consent  of  the  proper  authorities  of  the  British  provinces 
or  republic  of  Mexico,  be  transported  from  one  port  in 
the  United  States  to  another  port  therein,  over  the  terri- 
tory of  such  provinces  or  republic,  by  such  routes,  and 
under  such  rules,  regulations,  and  conditions  as  the  Secre- 
tary of  the  Treasury  may  prescribe;  and  the  merchandise 
so  transported  shall,  upon  arrival  in  the  United  States 
from  such  provinces  or  republic,  be  treated  in  regard  to 
the  liability  to  or  exemption  from  duty,  or  tax,  as  if  the 
transportation  had  taken  place  entirely  within  the  limits 
of  the  United  States. 

R.  s.,  3007.  Railroad-cars  or  other  vehicles  laden  with  merchandise, 
sealed  by  a  customs  officer,  passing,  under  the  provisions 
of  the  preceding  section  and  the  regulations  of  the  Secre- 
taiw  of  the  Treasury,  from  one  port  in  the  United  States 
to  another  therein,  through  foreign  contiguous  territory, 
shall  be  exempt  from  the  payment  of  any  fees  for  receiv- 
ing or  certifying  manifests  thereof. 

R.  s.,  3008.  Xo  merchandise  exported  to  Mexico  or  the  British 
North  American  Provinces  shall  be  voluntarily  landed  or 
brought  into  the  United  States;  and  any  so  landed  or 
brought  into  the  United  States  shall  be  forfeited ;  and 
the  same  proceeding  shall  be  had  for  its  condemnation, 
and  the  distribution  of  the  proceeds  of  the  sales,  as  in 
other  cases  of  forfeiture  of  merchandise  illegally  im- 
ported.    Every  person  concerned  in  the  voluntary^land- 


PART   XV. ENTRY   OF   MERCHANDISE. 


209 


ing  or  bringing  such  merchandise  into  the  United  States 
shall  be  liable  to  a  penalty  of  four  hundred  dollars. 

229.  Immediate  delivery. 

When  merchandise  shall  be  imported  into  any  port  of  R.  s.,  2966. 
the  United  States  from  any  foreign  country  in  vessels,  g^^^gT' ^^^^ 
and  it  shall  appear  by  the  bills  of  lading  that  the  mer- 
chandise so  imported  is  to  be  delivered  immediately  after 
the  entry  of  the  vessel,  the  collector  of  such  port  may  take 
possession  of  such  merchandise  and  deposit  the  same  in 
bonded  warehouse;  and  when  it  does  not  appear  by  the 
bills  of  lading  that  the  merchandise  so  imported  is  to  be 
immediately  delivered,  the  collector  of  the  customs  may 
take  possession  of  the  same,  and  deposit  it  in  bonded 
warehouse,  at  the  request  of  the  owner,  master,  or  con- 
signee of  the  vessel,  on  three  days'  notice  to  such  collector 
after  the  entry  of  the  vessel. 

230.  Im.m.ediate  transportation. 

"^^^len  any  merchandise,  other  than  explosive  articles,  ^^^°®  J?' Jg??* 
and  articles  in  bulk  not  provided  for  in  section  five  of  this     "^®     ' 


act,  imported  at  the  ports  of 

Albnrg,  Vt. 

Honolulu,  Hawaii. 

Portal,  N.  Dak. 

Astoria,  Oreg. 

Island  Pond,  Vt. 

Portland,  Me. 

Baltimore,  Md. 

Key  West,  Fla. 

Portland,  Oreg. 

Bangor,  Me. 

Knights  Key,  Fla. 

Port  T  0  w  n  s  e  n  d , 

Bath,  Me. 

Laredo,  Tex. 

Wash. 

Blaine,  Wasli. 

Los  Angeles,  Cal. 

Ranier.  Minn. 

Beeciier  Falls,  Vt 

Marquette,  Mich. 

Richford,  Vt. 

Boston,  Mass. 

Miami,  Fla. 

Rochester,  N.  Y. 

Burlington,  Vt. 

Milwaukee,  Wis. 

St.  Albans.  Vt. 

Calais,  Me. 

Mobile,  Ala. 

St.  Vincent,  3Iinn. 

Charleston,  S.  C. 

jSew  London,  Conn. 

San  Diego,  Cal. 

Chicago,  111. 

New  Orleans,  La. 

San  Francisco,  Cal. 

Cleveland,  Ohio. 

Newport,  Vt. 

Sault     Ste.     Marie, 

Detroit,  Mich. 

Newport  News,  Va. 

Mich. 

Dulnth,  Minn. 

New  York,  N.  Y. 

Savannah,  Ga. 

Eagle  Pass,  Tex. 

Niagara  Falls,  N.  Y. 

Seattle,  Wash. 

Eastport,  Idaho. 

Nogales,  Ariz. 

Sioux  City,  Iowa. 

EastiDort,  Me. 

Norfolk,  Va. 

Sumas,  Wash. 

El  Paso,  Tex. 

Ogdensburg,  N.  Y. 

Tacoma,  Wash. 

Everett,  Wash. 

Pensacola,  Fla. 

Tampa,  Fla. 

Fernandina,  Fla. 

Philadelphia,  Pa. 

Toledo,  Ohio. 

Galveston,  Tex. 

Port  Arthur,  Tex. 

Vanceboro,  Me. 

Gladstone,  Mich. 

Port  Huron,  Mich. 

Wilmington,  N.  C. 

shall  appear  by  the  invoice  or  bill  of  lading  and  manifest 
of  the  importing  vessel  to  be  consigned  to  and  destined  for 
either  of  the  ports  specified  in  the  seventh  section  of  this 
act,  the  collector  at  the  port  of  arrival  shall  allow  the  said 
merchandise  to  be  shipped  immediately  after  the  entry 
prescribed  in  section  two  of  this  act  has  been  made. 

The  collector  at  the  port  of  first  arrival  shall  retain  m  J^^°e  i^'  is^o. 
his  office  a  permanent  record  of  such  merchandise  so  to  be  ®^-  • 
forwarded  to  the  port  of  destination,  and  such  record 
shall  consist  of  a  copy  of  the  invoice  and  an  entry  whereon 
the  duties  shall  be  estimated  as  closely  as  possible  on  the 
merchandise  so  shipped,  but  no  oaths  shall  be  required  on 
the  said  entry.    Such  merchandise  shall  not  be  subject  to 


90094°— 11- 


-14 


Feb.  23,  1887. 


210  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

appraisement  and  liquidation  of  duties  at  the  port  of  first 
arrival,  but  shall  undergo  such  examination  as  the  Secre- 
tary of  the  Treasury  shall  deem  necessary  to  verify  the 
invoice;  and  the  sam.e  examination  and  appraisement 
thereof  shall  be  required  and  had  at  the  port  of  desti- 
nation as  would  have  been  required  at  the  port  of  first 
ai'rival  if  such  merchandise  had  been  entered  for  con- 
sumption or  warehouse  at  such  port. 

Sec  8.  Such  merchandise  shall  be  delivered  to  and  transported 

by  common  carriers,  to  be  designated  for  this  purpose  by 
the  Secretary  of  the  Treasury,  and  to  and  by  none  others ; 
and  such  carriers  shall  be  responsible  to  the  United  States 
as  common  carriers  for  the  safe  delivery  of  such  mer- 
chandise to  the  collector  at  the  port  of  its  destination; 
and  before  any  such  carriers  shall  be  permitted  to  receive 
and  transport  any  such  merchandise,  they  shall  become 
bound  to  the  United  States  in  bonds  of  such  form  and 
amount,  and  with  such  conditions,  not  inconsistent  Avith 
law,  and  such  security  as  the  Secretary  of  the  Treasury 
shall  require. 

^^^•^-  Merchandise  transported  under  the  provisions  of  this 

Ti^nU      OQ      1  QCT  Till  -\      '  T  1     '      1  1 

act  shall  be  conveyed  m  cai*s,  vessels,  or  vehicles  securely 
fastened  with  locks  or  seals,  under  the  exclusive  control 
of  the  officers  of  the  customs ;  and  merchandise  may  also 
be  transported  under  the  provisions  of  this  act  bj^  express 
companies  on  passenger-trains,  in  safes,  "  pouches  ",  and 
trunks,  which  shall  be  of  such  size,  character,  and  de- 
scription and  secured  in  such  manner  as  shall  be  from 
time  to  time  prescribed  by  the  Secretary ; 

And  in  cases  where  merchandise  shall  be  imported  in 
boxes  or  packages  too  large  to  be  included  Avithin  the 
safes,  trunks,  or  "  pouches  "  as  prescribed,  such  merchan- 
dise may  be  transported  under  the  provisions  of  this  act 
by  such  express  companies,  "  corded  and  sealed  ",  in  such 
manner  as  shall  from  time  to  time  be  prescribed  by  the 
Secretary  of  the  Treasury ; 

And  "  passengers  "  baggage  and  effects  arriving  at  any 
of  the  ports  specified  in  section  one  of  this  act,  which 
shall  appear  by  the  manifest  of  the  importing  vessel,  or 
other  satisfactory  evidence,  to  be  destined  to  any  of  the 
ports  specified  in  the  seventh  section,  may  also  be  trans- 
ported by  express  companies  under  the  provisions  of  this 
act  to  any  of  the  ports  specified  in  the  seventh  section 
thereof,  in  such  manner  and  under  such  rules  and  regula- 
tions as  the  Secretary  of  the  Treasury  may  prescribe ; 

And  merchandise  such  as  pig-iron,  spiegle-iron,  scrap- 
iron,  iron-ore,  railroad-iron,  and  similar  articles  com- 
monly transported  upon  platform  or  flat  cars  may  be 
transported  under  the  provisions  of  this  act  upon  such 
platfomi  or  flat  cars;  and  the  weight  of  such  merchandise 
so  transported  shall  be  ascertained  in  all  cases  before 
shipment,  and  ordinary  railroad  seals  may  be  used  for 
such  purposes;  and  inspectors  shall  be  stationed  at  proper 
points  along  the  designated  routes,  or  upon  an}^  car,  vessel, 


PART   XV. ENTRY   OF   MERCHANDISE. 


211 


vehicle,  or  train,  at  the  discretion  of  the  Secretary  of  the 
Treasur3',and  at  the  expense  of  the  companies, respectively. 

Such  merchandise  shall  not  be  unladen  or  transshipped 
between  the  ports  of  first  arrival  and  final  destination, 
unless  authorized  by  the  regulations  of  the  Secretary  of 
the  Treasury  in  cases  which  may  arise  from  a  difference 
in  the  gauge  of  railroads,  or  "  wdiere  the  route  is  bonded 
for  both  land  and  water  carriage  ",  or  from  accidents,  or 
from  legal  intervention,  or  when,  by  reason  of  the  length 
of  the  route,  the  cars,  after  due  inspection  by  customs 
officers,  shall  be  considered  unsafe  or  unsuitable  to  pro- 
ceed further,  or  from  low  water,  ice,  or  other  unavoidable 
obstruction  to  navigation;  and  in  no  case  shall  there  be 
permitted  any  breaking  of  the  original  packages  of  such 
merchandise. 

Section  five  of  the  Act  approved  June  tenth,  eighteen  Feb.  2,  i899. 
hundred  and  eighty,  governing  the  immediate  transpor- 
tation of  dutiable  goods  without  appraisement,  be,  and 
the  same  is  hereby,  so  amended  as  to  allow  coinmon  car- 
riers bonded  under  the  provisions  of  said  Act,  in  instances 
where  a  sufficient  quantity  of  stich  merchandise  is  not 
offered  at  the  port  of  first  arrival  to  fill  an  entire  car,  or 
compartment  thereof,  to  forward  such  merchandise  in 
cars  not  secured  by  the  prescribed  customs  fastenings  if 
the  packages  are  corded  and  sealed,  under  regulations  to 
be  prescribed  by  the  Secretary  of  the  Treasury;  in  all 
other  respects  the  provisions  of  the  Act  referred  to  to 
remain  in  full  force. 

The  privilege  of  immediate  transportation  shall  extend  J"^^^^^'  ^^^^* 
to  the  ports  of : 


Sec.  7. 


Albany,  N.  Y. 
Astoria,  Oreg. 
Atlanta,  Ga. 
Baltimore,  Md. 
Bangor,  Me. 
Bath,  Me. 
Bellinghriiu,  Wash. 
Birmingham,  Ala. 
Boston,  Mass. 
Bridgeport,  Conn. 
Bntfalo,  N.  Y. 
Bnrlington,  Vt. 
Calais,  Me. 
Charleston,  S.  C. 
Chattanooga,  Tenn. 
Chicago,  111. 
Cincinnati,  Ohio. 
Cleveland,  Ohio. 
Coal  City,  111. 
Columbus,  Ohio. 
Corry,  Pa. 
Council     Bluffs, 

Iowa. 
Dayton,  Ohio. 
Denver,  Colo. 
Des  Moines,  Iowa. 
Detroit.  Mich. 
Dubn(iue.  Iowa. 
Duhith,  Minn. 
Dunkirk,  N.Y. 


*Durango,  Colo. 

Durham,  N.  C. 

Eagle  Pass,  Tex. 

Eastport,  Me. 

El  Paso,  Tex. 
*  Enfield,  Conn. 

Erie,  Pa. 

Evansville,  Ind. 

Everett,  Wash. 

Fall  River,  Mass. 

Galveston,  Tex. 

Gladstone,  Mich. 

Gloucester,  Mass. 

Grand  Haven,  Mich. 

Grand  Rapids,  Mich. 

Green  Bay,  Vris. 

Greenwich,  Conn. 

Hartford,  Conn. 

Honolulu,  H.  I. 

Houston,  Tex. 

Indianapolis,  Ind. 

Jacksonville,  Fla. 

Kansas  City,  Mo. 

Key  West,  Fla. 

Knoxville,  Tenn. 

Laredo.  Tex. 
*Leadville,  Colo. 

Lincohi,  Nebr. 

Los  Angeles,  Cal. 

Louisville,  Ky. 


Marquette,  Mich. 

Memphis,  Tenn. 
♦Middletown,  Conn. 

Milwaukee,  Wis. 

Minneapolis,  Minn. 

Mobile,  Ala. 

Nashville.  Tenn. 

Newark,  N.  J. 

New  Bedford,  Mass. 

New  Haven,  Conn. 

New  Orleans,  La. 

Newport,  R.  I. 

Newport  News,  Va. 

New  York,  N.  Y. 

Niagara  Falls,  N.  Y. 

Nogales,  Ariz. 

Norfolk,  Va. 

Nor  walk.  Conn, 

Oakland,  Cal. 
*Ocala,  Fla. 

Ogdensburg,  N.  Y, 

Omaha,  Nebr. 

Peorin,  111. 

Petersburg.  Va. 

Petoskey.  Mich. 

Philadelphia,  Pa. 

Pittsburg,  Pa. 

Port  Arthur,  Tex. 


212 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


Port  Huron,  Mich. 
Portland,  Me. 
Portland,  Or  eg. 
Portsmouth,  N.  H. 
Port  T  0  w  n  s  e  n  d  , 

Wash. 
Providence,  R.  I. 
Pueblo,  Colo. 
Richmond,  Va. 
Rochester.  N.  Y. 
Sabine  Pass,  Tex. 
St.  Augustine,  Fla. 
St.  Joseph,  Mo. 
St.  Louis,  Mo. 
St.  Paul,  Minn. 


Saginaw,  Mich. 
San  Antonio,  Tex. 
San  Diego,  Cal. 
Sandusky,  Ohio. 
San  Francisco,  Cal. 
Sault  S  t  e .  Marie, 

Mich. 
Savannah,  Ga. 
Seattle.  Wash. 
Sioux  City,  Iowa. 
*  South  Manchester, 

Conn. 
Spokane,  Wash. 
Springfield,  Mass. 
Superior,  Wis. 


Stamford,  Conn. 
Syracuse,  N.  Y. 
Tacoma,  Wash. 
Tampa,  Fla. 
Titusvilleu  Pa. 
Toledo,  Ohio. 
Vanceboro,  Me. 
*  Vernon  ( Rockville) , 
Conn, 
Washington.  D.  C. 
Wilmington,  Del. 
Wilmington,  N.  C. 
Worcester,  Mass. 


Sec.  9. 


Sec.  6. 


Feb.  23,  188"; 


No  customs  officers  are  stationed  at  places  marked  thus  (*), 
and  consular  invoices  and  transportation  entries  should  not  be  for- 
warded to  such  places. 

Provided,  That  the  privilege  of  transportation  herein 
conferred  shall  not  extend  to  any  place  at  which  there  are 
not  the  necessary  officers  for  the  appraisement  of  mer- 
chandise and  the  collection  of  duties. 

:N'o  merchandise  shall  be  shipped  under  the  provisions 
of  this  act  after  such  merchandise  shall  have  been  landed 
ten  days  from  the  importing  vessel,  and  merchandise  not 
entered  within  such  time  shall  be  sent  to  a  bonded  ware- 
house by  the  collector  as  unclaimed,  and  held  until  regu- 
larlv  entered  and  appraised. 

Merchandise  so  destined  for  immediate  transportation 
July  2,  1884.  ^^^^j^  ^yQ  transferred,  under  proper  supervision,  directly 
from  the  importing  vessel  to  the  car,  vessel,  or  vehicle 
specified  in  the  entry. 

The  provisions  of  the  act  entitled,  "An  act  to  amend  the 
statutes  in  relation  to  the  immediate  transportation  of  du- 
tiable goods,  and  for  other  purposes,"  approved  June 
tenth  eighteen  hundred  and  eighty,  be,  and  the  same  are 
hereby,  so  amended  as  to  allow  merchandise  liable  to 
specific  rates  of  duty  only  to  be  entered  for  immediate 
transportation  without  appraisement  to  any  of  the  ports 
mentioned  in  the  seventh  section  of  said  act,  although  the 
same  may  not  appear  by  the  invoice,  bill  of  lading,  or 
manifest"  of  the  importing  vessel  to  be  consigned  to  or 
destined  for  either  of  said  ports,  when  the  consignee  at 
the  port  of  first  arrival  shall  make  written  application 
therefor  to  the  collector,  giving  the  name  of  the  person  at 
the  port  or  destination  to  whom  he  desires  the  merchan- 
dise to  be  consigned;  and  whenever  such  application  and 
entry  shall  be  made,  the  original  invoice  presented  by  the 
consignee  at  the  port  of  first  arrival  shall  be  forwarded, 
with  a  copy  of  the  transportation  entry,  to  the  collector 
at  the  port  of  destination;  and  a  copy  of  such  invoice 
shall  be  retained  on  file  at  the  port  of  first  arrival. 

The  original  invoice  so  forwarded  shall  be  treated  as 
the  only  invoice  of  the  merchandise  upon  which  entry 
shall  be  made  at  the  port  of  destination,  and  the  person 
making  such  entry  shall  be  held  responsible  for  the  state- 


R.  S.,  3058. 
Feb.  23.  1887. 


PART   XV. ENTRY    OF    MERCHANDISE.  213 

ments  contained  therein  in  the  same  manner  as  if  the 
merchandise  had  been  originally  consigned  to  him :  Pro- 
vided^ hoicever^  That  the  privileges  herein  conferred  shall 
not  extend  to  any  merchandise  the  duties  upon  which,  or 
any  portion  thereof,  depend  upon  the  value  of  such  mer- 
chandise: And  frovided  further^  That  such  privilege 
shall  be  granted  only  in  cases  where  no  part  of  the  mer- 
chandise shall  have  been  landed  prior  to  entry  for  imme- 
diate transportation  as  aforesaid. 
231.   Salvage  of  merchandise. 

All  merchandise  imported  into  the  United  States  shall, 
for  the  purpose  of  this  title  [R.  S.,  2517-3129]  be  deemed 
and  held  to  be  the  property  of  the  person  to  whom  the 
merchandise  may  be  consigned ;  but  the  holder  of  any  bill 
of  lading  consigned  to  order  and  endorsed  by  the  con- 
signor shall  be  deemed  the  consignee  thereof. 

And  in  case  of  the  abandonment  of  any  merchandise  to 
the  underwriters,  the  latter  may  be  recognized  as  the  con- 
signee, and  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe,  merchandise  saved  from  a  vessel 
wrecked  or  abandoned  at  sea,  or  on  or  along  the  coasts  of 
the  United  States  and  promptly  brought  into  a  port  of 
the  United  States  by  or  in  possession  of  the  salvors  of  the 
same,  can,  for  the  purpose  of  its  title,  be  regarded  as  the 
property  of  such  salvors,  and  the  valuation  thereof  and 
payment  of  duties  thereon  can  be  made  accordingly  and 
Avith  due  reference  to  the  condition  of  said  merchandise 
as  thus  saved  and  the  necessities  of  the  case : 

Provided^  hoicever,  That  such  bringing  in  by  salvors 
shall  be  in  good  faith  and  without  intent  to  evade  the  just 
payment  of  duty : 

And  provided  further^  That  nothing  herein  contained 
shall  be  so  construed  as  to  prejudice  in  any  other  respect 
the  rights  of  property,  or  of  or  through  abandomiient  or 
allowance  of  the  owner  or  any  other  person  interested  in 
said  merchandise. 
232.    Fraudulent  importation  of  merchandise. 

If  any  person  shall  fraudulently  or  knowingly  import  »•  »•»  3082 
or  bring  into  the  United  States,  or  assist  in  so  doing,  any 
merchandise,  contrary  to  lav/,  or  shall  receive,  conceal, 
buy,  sell,  or  in  any  manner  facilitate  the  transportation, 
concealment,  or  sale  of  such  merchandise  after  importa- 
tion, knowing  the  same  to  have  been  imported  contrary 
to  law,  such  merchandise  shall  be  forfeited  and  the 
offender  shall  be  fined  in  any  sum  not  exceeding  five 
thousand  dollars  nor  less  than  fifty  dollars,  or  be  im- 
prisoned for  anv  time  not  exceeding  two  years,  or  both. 
Whenever,  on  trial  for  a  violation  of  this  section,  the  de- 
fendant is  shown  to  have  or  to  have  had  possession  of 
such  goods,  such  possession  shall  be  deemed  evidence 
sufficient  to  authorize  conviction,  unless  the  defendant 
shall  explain  the  possession  to  the  satisfaction  of  the  jury. 


214  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


June  10, 1890 
Sec.  26. 


233.  Bribery  and  solicitation  of  bribes. 

Any  person  who  shall  give,  or  offer  to  give  or  promise 
to  give  any  money  or  thing  of  value,  directly  or  indirectly, 
to  any  officer  or  employee  of  the  United  States  in  consid- 
eration of  or  for  any  act  or  omission  contrary  to  law 
in  connection  with  or  pertaining  to  the  importation,  ap- 
l^raisement,  entry,  examination,  or  inspection  of  goods, 
wares,  or  merchandise,  including  herein  any  baggage,  or 
of  the  liquidation  of  the  entry  thereof,  or  shall  by  threats 
or  demands,  or  promises  of  any  character  attempt  to  im- 
properly influence  or  control  any  such  officer  or  emplo3^ee 
of  the  United  States  as  to  the  performance  of  his  official 
duties  shall,  on  conviction  thereof,  be  fined  not  exceeding 
two  thousand  dollars,  or  be  imprisoned  at  hard  labor  not 
more  than  one  year,  or  both,  in  the  discretion  of  the  court; 
and  evidence  of  such  giving,  or  offering,  or  promising  to 
give,  satisfactory  to  the  court  in  Avhich  such  trial  is  had, 
shall  be  regarded  as  prima  facie  evidence  that  such  giving 
or  offering  or  promising  Was  contrary  to  law,  and  shall 
put  upon  the  accused  the  burden  of  proving  that  such  act 
was  innocent,  and  not  done  with  an  unlawful  intention. 
Sec.  27.  Any  officer  or  employee  of  the  United  States  who  shall, 

excepting  for  lawful  duties  or  fees,  solicit,  demand,  exact 
or  receive  from  any  person,  directly  or  indirecth^,  any 
money  pr  thing  of  value,  in  connection  with  or  pertaining 
to  the  importation,  appraisement,  entry,  examination,  or 
inspection  of  goods,  wares,  or  merchandise,  including 
herein  any  baggage,  or  liquidation  of  the  entry  thereof, 
on  conviction  thereof,  shall  be  fined  not  exceeding  five 
thousand  dollars,  or  be  imprisoned  at  hard  labor  not  more 
than  two  years,  or  both,  in  the  discretion  of  the  court. 
And  evidence  of  such  soliciting,  demanding,  exacting,  or 
receiving,  satisfactory  to  the  court  in  which  such  tri^J  is 
had,  shall  be  regarded  as  prima  facie  evidence  that  such 
soliciting,  demanding,  exacting,  or  receiving  was  contrary 
to  law,  and  shall  put  upon  the  accused  the  burden  of 
proving  that  such  act  was  innocent  and  not  with  an  un- 
lawful intention. 

234.  Express  packages. 

June  8, 1896.  ^  Articles,  not  merchandise  intended  for  sale,  not  exceed- 
ing five  hundred  dollars  in  value,  imported  in  packages 
not  exceeding  one  hundred  pounds  in  weight,  in  vessels  of 
the  United  States,  may  be  specially  delivered  to  and  ap- 
praised at  the  public  stores,  and  the  entry  thereof  liqui- 
dated by  the  collector  under  such  regulations  as  the  Secre- 
tary of  the  Treasury  may  prescribe,  and  after  such  ap- 
praisement and  liquidation  may  be  delivered,  upon  pay- 
ment of  the  liquidated  duties  under  the  bond  provided 
for  in  this  Act,  to  express  companies  or  other  duly  incor- 
porated inland  carriers  bonded  for  the  transportation  of 
appraised  or  unappraised  merchandise  between  the  seA"'- 
eral  ports  in  the  United  States :  Provided^  That  not  more 


PART   XV. ENTRY   OF    MERCHANDISE.  215 

than  one  such  consignment  to  one  ultimate  consignee  from 
the  same  consignor  shall  be  imported  in  any  one  vessel: 
And  provided,  That  the  original  appraisement  of  and 
liquidation  of  duties  on  such  importations  shall  be  final 
against  the  ovner,  importer,  agent,  or  consignee,  except 
in  the  case  of  manifest  clerical  errors,  as  provided  for  in 
section  twenty-four  of  the  Act  of  June  tenth,  eighteen 
hundred  and'^ninety:  Provided,^  That  nothing  contained 
in  this  Act  shall  apiDly  to  explosives,  or  any  article  the  im- 
portation of  whicli  is  prohibited  by  law. 

Such  express  companies  or  other  inland  carriers  shall  ^^^-  ^' 
be  responsible  to  the  United  States  under  bond  for  the 
safe  delivery  of  such  articles  to  the  ultimate  consignee: 
Provided,  That  if  any  package  shall  not  be  delivered  to 
the  ultimate  consignee  l3y  the  express  company  or  other 
inland  carrier,  and  shall  be  returned  to  the  collector  of  the 
port  where  such  articles  are  entered  under  the  provisions 
of  this  Act  within  ninety  days  from  the  date  of  importa- 
tion intact,  the  collector  shall  take  charge  of  such  package 
and  dispose  of  it  as  unclaimed .  merchandise,  and  the 
duties,  including  additional  duties,  if  any,  under  section 
seven  of  the  Act  of  June  tenth,  eighteen  hundred  and 
ninety,  paid  shall  be  refunded  by  the  Secretary  of  the 
Treasury  out  of  any  mxoneys  in  the  Treasury  not  other- 
wise appropriated ;  and  the  express  company  or  other  in- 
land carriers  shall  be  relieved  of  any  liability  therefor 
under  its  bond;  and  before  any  express  company  or  other 
inland  carrier  shall  be  permitted  to  receive  and  transport 
any  such  articles  they  shall  become  bound  to  the  United 
States  in  such  bonds,  in  such  form  and  amount,  and  with 
such  conditions  not  inconsistent  with  law  as  the  Secretary 
of  the  Treasury  may  require. 

Articles  transported  under  the  provisions  of  this  Act  Sec.  3. 
shall  be  corded  and  sealed  in  such  manner  as  shall  from 
time  to  time  be  prescribed  by  the  Secretary  of  the  Treas- 
ury ;  and  the  collector  of  the  port  of  first  arrival  shall  re- 
tain in  his  office  a  permanent  record  of  such  merchandise 
so  forwarded. 

Such  packages  may  be  consigned  to  and  entered  by  the  see.  4. 
agents  of  the  express  company  or  other  inland  carrier  or 
steamship  com.pany,  who  shall  at  the  time  of  entry  state 
the  ultimate  consignee,  and  in  all  cases  where  a  certified 
or  other  invoice  is  now  required  by  law  such  invoice  may 
be  attached  to  or  inclosed  in  the  package,  under  such  regu- 
lations as  the  Secretary  of  the  Treasury  may  prescribe; 
and  the  delivery  of  such  articles  to  the  express  company 
or  other  inland  carrier  shall  not  be  delayed  because  of  the 
nonarrival  of  the  triplicate  invoice,  but  the  ultimate  con- 
signee shall  be  liable  for  any  increased  duty  found  due  on 
reliquidation,  if  any,  after  receipt  of  said  merchandise 
from  the  express  company  or  other  inland  carrier  or 
steamship  company  making  entry  under  this  Act ;  and  the 
provisions  of  section  twenty-eight   hundred   and   fifty- 


May  21,  1896. 


216  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

seven,  Revised  Statutes,  shall  not  apply  to  importations 
under  this  Act. 

235.   Liens  for  freight  or  g-eneral  average. 

?/„^''of^^QQfi  Whenever  the  collector  of  the  port  of  entry  of  the  ves- 
sel, or  other  proper  officer  of  the  customs,  shall  be  duly 
notified  in  writing  of  the  existence  of  a  lien  for  freight, 
charges,  or  contribution  in  general  average  upon  im- 
ported goods,  wares,  or  merchandise  in  his  custody,  he 
shall,  before  delivering  such  goods,  wares,  or  merchandise 
to  the  importer,  owner,  or  consignee  thereof  for  con- 
sumption, or  to  any  vessel  or  vehicle  for  transportation  or 
exportation,  give  seasonable  notice  to  the  party  or  parties 
claiming  the  lien;  and  the  possession  by  the  officers  of 
customs  shall  not  affect  the  discharge  of  such  lien,  under 
such  regulations  as  the  Secretary  of  the  Treasury  may 
prescribe;  and  such  officer  shall  refuse  the  delivery  of 
such  merchandise  from  any  public  or  bonded  warehouse 
or  other  place  in  which  the  same  shall  be  deposited  until 
proof  to  his  satisfaction  shall  be  produced  that  the  freight, 
charges,  or  contribution  in  general  average  thereon  has 
been  paid  or  secured ;  but  the  rights  of  the  United  States 
shall  not  be  prejudiced  thereby,  nor  shall  the  United 
States  or  its  officers  be  in  any  manner  liable  for  losses 
consequent  upon  such  refusal  to  deliver.  If  merchandise 
so  subject  to  a  lien,  regarding  which  notice  has  been  filed, 
shall  be  forfeited  to  the  United  States  and  sold,  the 
freight,  charges,  or  contribution  in  general  average  due 
thereon  shall  be  paid  from  the  proceeds  of  such  sale  in 
the  same  manner  as  other  charges  and  expenses  authorized 
by  law  to  be  i^aid  therefrom  are  paid. 


Part  XYI.— TxVEIFF  PROVISIONS  DIPvECTLY  RELATING 

TO  VESSELS. 


236.  Coal.  239.    Sunken  merchandise. 

237.  Shipbuilding  materials.  240.    Supplies. 

238.  Materials  for  repairs.  241.   Sea  stores  and  equipments. 

236.  Coal. 

Coal,  bituminous,  and  shale,  forty-five  cents  per  ton  of  ^^»-  ^' ^^^^* 
twenty-eight  bushels,  eighty  pounds  to  the  bushel;  coal 
slack  or  culm,  such  as  will  pass  through  a  half -inch  screen, 
fifteen  cents  per  ton  of  twenty-eight  bushels,  eighty 
pounds  to  the  bushel:  Provided^  That  the  rate  of  fifteen 
cents  per  ton  herein  designated  for  "  coal  slack  or  culm  " 
shall  be  held  to  apply  to  importations  of  coal  slack  or 
culm  produced  and  screened  in  the  ordinary  way,  as 
such,  and  so  shipped  from  the  mine:  coke,  twenty  per 
centum  ad  valorem ;  compositions  used  for  fuel  in  which 
coal  or  coal  dust  is  the  component  material  of  chief 
value,  whether  in  briquettes  or  other  form,  twenty  per 
centum  ad  valorem:  Provided  further^  That  on  all  coal 
imported  into  the  United  States,  Avhich  is  afterwards 
used  for  fuel  on  board  vessels  propelled  by  steam  and 
engaged  in  trade  wdth  foreign  countries,  or  in  trade 
between  the  Atlantic  and  Pacific  ports  of  the  United 
States,  and  which  are  registered  under  the  laws  of  the 
United  States,  a  drawback  shall  be  allowed  equal  to  the 
duty  imposed  by  law  upon  such  coal,  and  shall  be  paid 
under  such  regulations  as  the  Secretary  of  the  Treasury 
shall  prescribe. 

Coal,  anthracite,  and  coal  stores  of  American  vessels,  ^"g-  5.  1909. 
but  none  shall  be  unloaded.     [Free  List.]  ^^''  ^^''^ 

237.  Shipbuilding  materials. 

All  materials  of  foreign  production  which  may  be  nec- 
essary for  the  construction  of  vessels  built  in  the  United 
States  for  foreign  account  and  ownership  or  for  the  pur- 
pose of  being  employed  in  the  foreign  trade  including  the 
trade  between  the  Atlantic  and  Pacific  ports  of  the  United  July  24, 1897 
States,  and  all  such  materials  necessary  for  the  building  see.  12. 
of  their  machinery,  and  all  articles  necessary  for  their 
outfit  and  equipment,  may  be  imported  in  bond  under  Aug.  5,  i909. 
such  regulations  as  the  Secretary  of  the  Treasury  may  See.  19. 
prescribe ;  and  upon  proof  that  such  materials  have  been 
used  for  such  purposes  no  duties  shall  be  paid  thereon. 

217 


R.  S.,  2513. 

Aug.  27,  1894. 
Sec.  7. 


218  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

But  vessels  receiving  the  benefit  of  this  section  shall  not 
be  allowed  to  engage  in  the  coastw^ise  trade  of  the  United 
States  more  than  six  months  in  am^  one  year  except  upon 
the  payment  to  the  United  States  of  the  duties  of  which  a 
rebate  is  herein  allowed:  Provided^  That  vessels  built  in 
the  United  States  for  foreign  account  and  ownership 
shall  not  be  allov/ed  to  engage  in  the  coastwise  trade  of 
the  United  States. 

238.  Materials  for  repairs. 

R.  s.,  2514.  ^\i  articles  of  foreign  production  needed  for  the  repair 
Aug.  27, 1894.  ^j.  ^YnQYiQ'txn  vesscls  engaged  in  foreign  trade,  including 
July  24, 1897.  tlie  trade  between  the  Atlantic  and  Pacific  ports  of  the 
Sec.  13.'  United  States,  may  be  withdrawn  from  bonded  ware- 
Aug.  5,  1909.  houses  free  of  duty,  under  such  regiilations  as  the  Secre- 
sec.  20.  |.^^,y  q£  ^l^g  Treasury  may  prescribe. 

R.  s.,  2511.  Machinery  for  repair  may  be  imported  into  the  United 
g^^^^'^J' "^^^'^' States  without  payment  of  dut}',  under  bond,  to  be  given 
July  24, 1897.  hi  clouble  the  ajDpraised  value  thereof,  to  be  withdrawn 
Sec.  19.  and  exported  after  said  machinery  shall  have  been  re- 

Aug.  5,  1909.  paired;  and  the  Secretary  of  the  Treasury  is  authorized 
Sec.  18.  ^^^  directed  to  prescribe  such  rules  and  regulations  as 

may  be  necessary  to  protect  the  revenue  against  fraud 
and  secure  the  identity  and  character  of  all  such  impor- 
tations when  again  withdrawn  and  exported,  restricting 
and  limiting  the  export  and  withdrawal  to  the  same  port 
of  entry  where  imported,  and  also  limiting  all  bonds  to  a 
period  of  time  of  not  more  than  six  months  from  the  date 
of  the  importation. 

239.  Sunken  merchandise. 

R.  s.,  2507.        I'lnienever  any  vessel  laden  with  merchandise  in  whole 

or  in  part  subject  to  duty  has  been  sunk  in  any  river, 

harbor,  bay,  or  waters  subject  to' the  jurisdiction  of  the 

United  States,  and  within  its  limits,  for  the  period  of  two 

years,  and  is  abandoned  by  the  owner  thereof,  an^^  person 

s"^'9o'  ■^^^*'  who  may  raise  such  vessel  shall  be  permitted  to  bring  any 

July  24, 1897.  merchandise  recovered  therefrom  into  the  port  nearest  to 

Sec.  28.  the  place  where  such  vessel  was  so  raised  free  from  the 

Au-  5^  1909.  payment  of  any  duty  thereupon,  but  under  such  regula- 

c>ec.  22.  tions  as  the  Secretary  of  the  Treasury  may  prescribe. 

240.  Supplies. 

June  26, 1884.  That  all  articles  of  foreign  or  domestic  production 
jiUy  24, 1897.  ^"leeded  and  actually  withdrawn  from  bonded  warehouses 
Sec.  14.'  and  bonded  manufacturing  warehouses  for  supplies  (not 

including  equipment)  of  vessels  of  the  United  States  en- 
gaged in  foreign  trade,  or  in  trade  between  the  Atlantic 
and  Pacific  ports  of  the  United  States,  may  be  so  with- 
drawn from  said  bonded  warehouses,  free  of  duty  or  of 
internal-revenue  tax,  as  the  case  may  be,  under  such  regu- 
lations as  the  Secretary  of  the  Treasury  m.ay  prescribe; 
but  no  such  articles  shall  be  landed  at  any  port  of  the 
United  States. 


PART   XVI. TAEIFF    PEOVISIONS.  219 

T\liere  imported  materials  on  which  duties  liave  been  ^"s-  £,  1909. 
paid  are  used  in  the  manufacture  of  articles  manufactured  ^^^'  ^' 
or  produced  in  the  United  States,  there  shall  be  allowed 
on  the  exportation  of  such  articles  a  drawback  equal  in 
amount  to  the  duties  paid  on  the  materials  used,  less  one 
per  centum  of  such  duties :  Pro  vided,  That  when  the  articles 
exported  are  made  in  part  from  domestic  materials  the 
imported  materials,  or  the  parts  of  the  articles  made  from 
such  materials,  shall  so  appear  in  the  completed  articles 
that  the  quantity  or  measure  thereof  may  be  ascertained, 
And  provided  further^  That  the  drawback  on  any  article 
allowed  under  existing  law  shall  be  continued  at  the  rate 
jierein  provided.  That  the  imported  materials  used  in 
the  manufacture  or  production  of  articles  entitled  to  draw- 
back of  customs  duties  when  exported  shall,  in  all  cases 
v/here  drawback  of  duties  paid  on  such  materials  is 
claimed,  be  identified,  the  quantity  of  such  materials  iised 
and  the  amount  of  duties  paid  thereon  shall  be  ascertained, 
the  facts  of  the  manufacture  or  production  of  such 
articles  in  the  United  States  and  their  exportation  there- 
from shall  be  determined,  and  the  drawback  due  thereon 
shall  be  paid  to  the  manufacturer,  producer,  or  exporter, 
to  the  agent  of  either  or  to  the  person  to  whom  such  manu- 
facturer, producer,  exporter,  or  agent  shall  in  writing 
order  such  drawback  paid,  under  such  regulations  as  the 
Secretary  of  the  Treasury  shall  prescribe.     *     *     * 

That  the  provisions  of  this  section  shall  apply  to  mate- 
rials used  in  the  construction  and  equipment  of  vessels 
built  for  foreign  account  and  ownership,  or  for  the  gov- 
ernment of  any  foreign  country,  notwithstanding  that 
such  vessels  may  not  within  the  strict  meaning  of  the 
term  be  articles  exported. 
241.   Sea-stores  and  equipment, 

[See  page  183.] 


Part  XVII.— CONSULS'  SEEVICES  TO  VESSELS. 


242.   Consuls'  services  to  vessels.  |  243.   Naval  officer  acting  as  consul. 

242.    Consuls'  services  to  vessels. 

R.  s.,  1707.  Consuls  and  vice-consuls  shall  have  the  right,  in  the 
ports  or  places  to  which  they  are  severally  appointed,  of 
receiving  the  protests  or  cleclarations  which  captains, 
masters,  crews,  passengers,  or  merchants,  who  are  citizens 
of  the  United  States,  may  respectively  choose  to  make 
there ;  and  also  such  as  any  foreigner  may  choose  to  make 
before  them  relative  to  the  personal  interest  of  any  citi- 
zen of  the  United  States.  Copies  of  such  acts  duly  au- 
thenticated by  consuls  or  vice-consuls,  under  the  seal  of 
their  consulates,  respectively,  shall  be  received  in  evi- 
dence equall}^  with  their  originals  in  ail  courts  in  the 
United  States. 

R.  s.,  1708.  Every  consular  officer  shall  keep  a  detailed  list  of  all 
seamen  and  mariners  shipped  and  discharged  by  him, 
specifying  their  names  and  the  names  of  the  vessels  on 
which  they  are  shipped  and  from  which  they  are  dis- 
charged, and  the  payments,  if  any,  made  on  account  of 
each  so  discharged ;  also  of  the  number  of  the  vessels  ar- 
rived and  departed,  the  amounts  of  their  registered  ton- 
nage, and  the  number  of  their  seamen  and  mariners,  and 
of  those  who  are  protected,  and  whether  citizens  of  the 
United  States  or  not,  and  as  nearly  as  possible  the  nature 
and  value  of  their  cargoes,  and  where  produced,  and  shall 

gg^g  ^^' ^^^^^' make  returns  of  the  same,  with  their  accounts  and  other 
returns,  to  the  Secretary  of  Commerce  and  Labor. 

R.  s.,  1718.  '^'^lienever  any  master  or  commander  of  a  vessel  of  the 
United  States  has  occasion  for  any  consular  or  other  offi- 
cial service,  which  any  consular  officer  of  the  United 
States  is  authorized  by  law  or  usage  officially  to  perform, 
and  for  which  any  fees  are  allowed  by  the  rates  or  tariffs 
of  fees,  he  shall  apply  to  the  consular  officer  at  the  con- 
sulate or  commercial  agency  where  such  service  is  re- 
quired to  perform  such  service,  and  shall  pay  to  such  offi- 
cer the  fees  allowed  for  such  service  by  the  rates  or  tariffs 
of  fees.  And  every  such  master  or  commander  who  omits 
so  to  do  shall  be  liable  to  the  United  States  for  the 
amount  of  the  fees  lawfully  chargeable  for  such  services 
when  actually  performed.  All  consular  officers  are  au- 
thorized and  required  to  retain  in  their  possession  all  the 
220 


PAET   XVII. CONSULS     SERVICES   TO  VESSELS.  221 

papers  of  such  vessels,  which  shall  be  deposited  with  them 
as  directed  by  the  law,  till  payment  shall  be  made  of  all 
demands  and  wages  on  account  of  such  vessels. 

No  fees  named  in  the  tariff  of  consular  fees  prescribed  gec^i^2^'  ^^^^' 
by  order  of  the  President  shall  be  charged  or  collected  by 
consular  officers  for  the  official  services  to  American  ves- 
sels and  seamen.  Consular  officers  shall  furnish  the 
master  of  every  such  vessel  with  an  itemized  statement  of 
such  services  performed  on  account  of  said  vessel,  with 
the  fees  so  prescribed  for  each  service  and  make  a  detailed 
report  to  the  Secretary  of  the  Treasury  of  such  services 
and  fees,  under  such  regulations  as  the  Secretary  of  State 
may  prescribe;  and  the  Secretary  of  the  Treasury  shall 
allow  consular  officers  v/ho  are  paid  in  whole  or  in  part  by 
fees  such  compensation  for  said  services  as  they  would  » 

have  received  prior  to  the  passage  of  this  act :  Provided^ 
That  such  services  in  the  opinion  of  the  Secretary  of  the 
Treasury  have  been  necessarily  rendered. 

No  consular  officer,  nor  any  person  under  any  consular  ^-  S-'  i"^!^- 
officer  shall  make  any  charge  or  receive,  directly  or  indi- 
rectly, 2ii\y  compensation,  by  way  of  commission  or  other- 
wise, for  receiving  or  disbursing  the  wages  or  extra  wages 
to  which  any  seaman  or  mariner  is  entitled  who  is  dis- 
charged in  any  foreign  country,  or  for  any  money  ad- 
vanced to  any  such  seaman  or  mariner  who  seeks  relief 
from  any  consulate  or  commercial  agency;  nor  shall  any 
consular  officer,  or  any  person  under  any  consular  officer, 
be  interested,  directly  or  indirectly,  in  any  profit  derived 
from  clothing,  boarding,  or  othenvise  supplying  or  send- 
ing home  any  such  seaman  or  mariner.  Such  prohibition 
as  to  profit,  however,  shall  not  be  construed  to  relieve  or 
prevent  any  such  officer  who  is  the  owner  of  or  otherwise 
interested  in  any  vessel  of  the  United  States,  from  trans- 
porting in  such  vessel  any  such  seaman  or  mariner,  or 
from  receiving  or  being  interested  in  such  reasonable 
allowance  as  may  be  made  for  such  transportation  by 
law. 

American    vessels    running    regiilarly    by    weekly    or   ^-  s»  1720. 
monthly  trips,  or  otherwise,  to  or  between  foreign  ports, 
shall  not  be  required  to  pay  fees  to  consuls  for  more  than 
four  trips  in  a  year. 

The  fee  for  certifjang  invoices  to  be  charged  by  the   R-  s.,  1721. 
consul-general  for  the  British  North  American  Provinces, 
and  his  subordinate  consular  officers  and  agents,  for  goods 
not  exceeding  one  hundred  dollars  in  value,  shall  be  one 
dollar. 

243.    Naval  officer  acting  as  consul. 

The  commanding  officer  of  any  fleet,  squadron,  or  ves-   ^-  S- 1433. 
sel  acting  singly,  when  upon  the  high  seas  or  in  any  for- 
eign port  where  there  is  no  resident  consul  of  the  United 
States,  shall  be  authorized  to  exercise  all  the  powers  of  a 
consul  in  relation  to  mariners  of  the  United  States. 


Part     XVIII.— COMMEECE     WITH     CONTIGUOUS 
COUNTRIES. 


244.  Size  of  foreign-trade  vessels. 

245.  Evasiou  of  the  coasting  laws  on 

the  lakes  and  frontiers. 

246.  Inward  manifests. 
2477  Customs  inspection. 

248.  Customs  seals  on  frontier. 

249.  Trans'fer  of  cargo. 

250.  Sea -stores. 

251.  Saloon  stores. 

252.  Duties  on  repairs. 


253.  Entry   from   one  district  to   an- 

other. 

254.  Discharging    cargo    and    passen- 

gers. 

255.  Steam  tugs. 

256.  Forms  and  penalties. 

257.  Touching  at  foreign  ports. 

258.  Foreign  merchandise. 

259.  Special    provisions    for    British 

North  America. 


R.  S.,  3095. 
Apr.  27,  1004 


R.  S.,  3096. 


R.  S.,  3110. 


244.  Size  of  foreign-trade  vessels. 

Except  in  the  districts  on  the  northern,  northwestern, 
and  western  boundaries  of  the  United  States,  adjoining 
to  the  Dominion  of  Canada,  or  into  the  districts  adjacent 
to  Mexico,  no  merchandise  of  foi'eign  groAvth  or  manu- 
facture, subject  to  the  payment  of  duties,  shall  be  brought 
into  the  United  States  from  any  foreign  port  in  any  other 
manner  than  by  sea,  nor  in  any  vessel  of  less  than  thirty 
net  register  tons;  or  landed  or  unladen  at  any  other  port 
than  is  directed  by  law,  under  the  penalty  of  seizure  and 
forfeiture  of  all  such  vessels,  and  of  the  merchandise  im- 
ported therein,  laden  or  unladen  in  any  other  manner. 

All  persons  may  import  any  merchandise  of  which  the 
importation  shall  not  be  entirely  prohibited,  into  the  dis- 
tricts v/hich  are  or  may  be  established  on  the  northern  and 
northwestern  boundaries  of  the  United  States,  in  vessels 
or  boats  of  any  burden,  and  in  rafts  or  carriages  of  any 
kind  or  nature  whatsoever. 

245.  Evasion  of  coasting  laws  on  the  lakes  and  frontiers. 

If  any  merchandise  shall,  at  any  port  in  the  United 
States  on  the  northern,  -northeastern,  or  northwestern 
frontiers  thereof,  be  laden  upon  any  vessel  belonging 
wholly  or  in  part  to  a  subject  of  a  foreign  country,  and 
shall  be  taken  thence  to  a  foreign  port  to  be  reladen  and 
reshipped  to  any  other  port  in  the  United  States  on  such 
frontiers,  either  by  the  same  or  any  other  vessel,  foreign 
or  American,  v/ith  intent  to  evade  the  provisions  relating 
to  the  transportation  of  merchandise  from  one  port  of  the 
United  States  to  another  port  of  the  United  States,  in  a 
vessel  iDelonging  wholly  or  in  part  to  a  subject  of  any 
foreign  power,  the  merchandise  shall,  on  its  arrival  at 
such  last-named  port,  be  seized  and  forfeited  to  the 
222 


PART  XVIII. COMMEECE  WITH   CONTIGUOUS   COUNTRIES.       223 

United  States,  and  the  vessel  shall  pay  a  tonnage-duty 
of  fifty  cents  per  ton  on  her  admeasurement. 
246.   Inward  manifests. 

All  vessels,  boats,  rafts,  and  carriages,  of  what  kind  R-S.,3097. 
soever,  arriving  in  such  districts,  on  the  northern  and 
northwestern  frontiers,  containing  merchandise  subject  to 
duties,  on  being  imported  into  any  port  of  the  United 
States,  shall  be  reported  to  the  collector,  or  other  chief  offi- 
cer of  the  customs  at  the  port  of  entry  in  the  district  into 
which  it  shall  be  so  imported ;  and  such  merchandise  shall 
be  accompanied  with  like  manifests,  and  like  entries  shall 
be  made,  by  the  persons  having  charge  of  any  such  ves- 
sels, boats,  rafts,  and  carriages,  and  by  the  owners  or  con- 
signees of  the  merchandise  laden  on  board  the  same;  and 
the  powers  and  duties  of  the  officers  of  the  customs  shall 
be  exercised  and  discharged  in  the  districts  last  men- 
tioned, in  like  manner  as  is  prescribed  in  respect  to  mer- 
chandise imported  in  vessels  from  the  sea ;  and  generally, 
all  such  importations  shall  be  subject  to  like  regulations, 
penalties,  and  forfeitures  as  in  other  districts,  except  as  is 
hereinafter  specially  provided. 

The  master  of  any  vessel,  except  registered  vessels,  and  ^-  ^■'  s^^^- 
every  person  having  charge  of  any  boat,  canoe,  or  raft, 
and  the  conductor  or  driver  of  any  carriage  or  sleigh,  and 
every  other  person,  coming  from  any  foreign  territory 
adjacent  to  the  United  States  into  the  United  States,  with 
merchandise  subject  to  duty,  shall  deliver,  innnediately  on 
his  arrival  within  the  United  States,  a  manifest  of  the 
cargo  or  loading  of  such  vessel,  boat,  canoe,  raft,  carriage, 
or  sleigh,  or  of  the  merchandise  so  brought  from  such 
foreign  territory,  at  the  office  of  any  collector  or  deputy 
collector  which  shall  be  nearest  to  the  boundary-line,  or 
nearest  to  the  road  or  Avaters  by  which  such  merchandise 
is  brought ;  and  every  such  manifest  shall  be  verified  by 
the  oath  of  such  person  delivering  the  same ;  which  oath 
shall  be  taken  before  such  collector  or  deputy  collector; 
and  such  oath  shall  state  that  such  manifest  contains  a 
full,  just,  and  true  account  of  the  kinds,  quantities,  and 
values  of  all  the  merchandise  so  brought  from  such  for- 
eign territory. 

If  the  master,  or  other  person  having  charge  of  any  ves-  ^-  ^-  ^"^^• 
sel,  boat,  canoe,  or  raft,  or  the  conductor  or  driver  of  any 
carriage  or  sleigh,  or  other  person  bringing  such  merchan- 
dise, shall  neglect  or  refuse  to  deliver  the  manifest  re- 
quired by  the  preceding  section,  or  pass  by  or  avoid  such 
office,  the  merchandise  subject  to  duty,  and  so  imported, 
shall  be  forfeited  to  the  United  States,  together  with  the 
vessel,  boat,  canoe,  or  raft,  the  tackle,  apparel,  and  furni- 
ture of  the  same,  or  the  carriage  or  sleigh,  and  harness 
and  cattle  drawing  the  same,  or  the  horses  with  their 
saddles  and  bridles,  as  the  case  may  be;  and  such  master, 


224 


NAVIGATION   LAWS   OP   THE  UNITED   STATES. 


R.  S.,  3100. 


R.  S.,  3101. 


conductor,  or  other  importer  shall  be  subject  to  a  penalty 
of  four  times  the  value  of  the  merchandise  so  imported. 

247.  Customs  inspection. 

All  merchandise,  and  all  baggage  and  effects  of  passen- 
gers, and  all  other  articles  imported  into  the  United 
States  from  any  contiguous  foreign  country,  except  as 
hereafter  provided,  as  well  as  the  vessels,  cars,  and  other 
vehicles  and  envelopes  in  which  the  same  shall  be  im- 
ported, shall  be  unladen  in  the  presence  of,  and  be  in- 
spected by,  an  inspector  or  other  officer  of  the  customs,  at 
the  first  port  of  entry  or  custom-house  in  the  United 
States  where  the  same  shall  arrive;  and  to  enable  the 
proper  offixer  thoroughly  to  discharge  this  duty,  he  may 
require  the  owner  or  his  agent,  or  other  person,  having 
charge  or  possession  of  any  trunk,  traveling-bag,  or  sack, 
valise,  or  other  envelope,  or  of  any  closed  vessel,  car,  or 
other  vehicle,  ^to  open  the  same,  or  to  deliver  to  him  the 
proper  key. 

If  any  owner,  agent,  or  other  person  shall  refuse  or 
neglect  to  comply  with  his  demands,  allowed  by  the  pre- 
ceding section,  the  officer  shall  retain  such  tiimk,  travel- 
ing bag,  or  sack,  valise,  or  whatsoever  it  may  be,  and 
open  the  same,  and,  as  soon  thereafter  as  may  be  prac- 
ticable, examine  the  contents;  and  if  any  article  subject 
to  the  payment  of  duty  shall  be  found  therein,  the  whole 
contents,  together  with  the  envelope,  shall  be  forfeited  to 
the  United  States,  and  disposed  of  as  the  law  provides  in 
other  similar  cases.  If  any  such  dutiable  merchandise  or 
article  shall  be  found  in  any  such  vessel,  car,  or  other 
vehicle,  the  owner,  agent,  or  other  person  in  charge  of 
which  shall  have  refused  to  open  the  same  or  deliver  the 
key  as  herein  provided,  the  same,  together  with  the  vessel, 
car,  or  other  vehicle,  shall  be  forfeited  to  the  United 
States,  and  shall  be  held  by  such  offic*er,  to  be  disposed  of 
as  the  law  provides  in  other  similar  cases  of  forfeiture. 

248.  Customs  seals  on  frontier. 

R.  s.,  3102.  r^Q  avoid  the  inspection  at  the  first  port  of  arrival,  the 
owner,  agent,  master,  or  conductor  of  any  such  vessel,  car, 
or  other  vehicle,  or  owner,  agent,  or  other  person  having 
charge  of  any  such  merchandise,  baggage,  effects,  or  other 
articles,  may  apply  to  any  offxcer'of  the  United  States 
duly  authorized  to  act  in  the  premises,  to  seal  or  close  the 
same,  under  and  according  to  the  regulations  hereinafter 
authorized,  previous  to  their  importation  into  the  United 
States;  which  officer  shall  seal  or  close  the  same  accord- 
ingly ;  whereupon  the  same  may  proceed  to  their  port  of 
destination  without  further  inspection.  Every  such  ves- 
sel, car,  or  other  vehicle,  shall  proceed,  without  unneces- 
sary delay,  to  the  port  of  its  destination,  as  named  in  the 
manifest  of  its  cargo,  freight,  or  contents,  and  be  there 
inspected.     Nothing  contained  in  this  section  shall  be 


PART  XVIII. COMMERCE  WITH  CONTIGUOUS  COUNTRIES.       225 

construed  to  exempt  such  vessel,  car,  or  vehicle,  or  its 
contents,  from  such  examination  as  may  be  necessary  and 
proper  to  prevent  frauds  upon  the  revenue  and  violations 
of  this  Title  [R.  S.,  2517-3129].  ^ 

The  Secretary  of  the  Treasury  is  hereby  authorized  and  ^-  ^•'  ^^^^• 
required  to  mal^e  such  regulations,  and  from  time  to  time 
so  to  change  the  same  as  to  him  shall  seem  necessary  and 
proper,  for  sealing  such  vessels,  cars,  and  other  vehicles, 
when  practicable,  and  for  sealing,  marking,  and  identify- 
ing such  merchandise,  baggage,  effects,  tr-unks,  traveling- 
bags,  or  sacks,  valises,  and  other  envelopes  and  articles; 
and  also  in  regard  to  invoices,  manifests,  and  other  perti- 
nent papers,  and  their  authentication. 

If  the  owner,  master,  or  person  in  charge  of  any  vessel,  R-  s.,  3i04. 
car,  or  other  vehicle  so  sealed,  shall  not  proceed  to  the 
port  or  place  of  destination  thereof  named  in  the  manifest 
of  its  cargo,  freight,  or  contents,  and  deliver  such  vessel, 
car,  or  vehicle  to  the  proper  officer  of  the  customs,  or  shall 
dispose  of  the  same  by  sale  or  otherwise,  or  shall  unload 
the  same,  or  any  part  thereof,  at  any  other  than  such 
port,  or  place,  or  shall  sell  or  dispose  of  tlie  contents  of 
such  vessel,  car,  or  other  vehicle,  or  any  part  thereof,  be- 
fore such  delivery,  he  shall  be  deemed  guilty  of  felony, 
and  on  conviction  thereof,  before  any  court  of  competent 
jurisdiction,  pay_  a  fine  not  exceeding  one  thousand  dol- 
lars, or  shall  be  imprisoned  for  a  term  not  exceeding  five 
years,  or  both,  at  the  discretion  of  the  court;  and  such 
vessel,  car,  or  other  vehicle,  with  its  contents,  shall  be  for- 
feited to  the  United  States,  and  may  be  seized  wdierever 
found  within  the  United  States,  and  disposed  of  and  sold 
as  in  other  cases  of  forfeiture.  Nothing  in  this  section, 
however,  shall  be  construed  to  prevent  sales  of,  cargo,  in 
whole  or  in  part,  prior  to  arrival,  to  be  delivered  as  per 
manifest,  and  after  due  inspection. 

If  any  unauthorized  person  or  persons  shall  willfully  R-  S-,  3105. 
break,  cut,  pick,  open,  or  remove  any  wire,  seal,  lead,  lock, 
or  other  fastening  or  mark  attached  to  any  vessel,  car,  or 
other  vehicle,  crate,  box,  bag,  bale,  basket,  barrel,  bundle, 
cask,  trunk,  package,  or  parcel,  or  anything  Avhatsoever, 
under  and  by  virtue  of  this  Title  [R.  S.,  2517-3129]  and 
regulations  authorized  by  it,  or  any  other  law,  or  shall 
affix  or  attach,  or  any  way  willfully  aid,  assist,  or  encour- 
age the  affixing  or  attaching,  by  wire  or  otherwise,  to  any 
vessel,  car,  or  other  vehicle,  or  to  any  crate,  box,  bale, 
barrel,  bag,  basket,  bundle,  cask,  package,  parcel,  article, 
or  thing  of  any  kind,  any  seal,  lead,  metal,  or  anything 
purporting  to  be  a  seal  authorized  by  law,  such  person  or 
persons  shall  be  deemed  guilty  of  felony,  and  shall  be 
imprisoned  for  a  term  not  exceeding  five  years,  or  shall 
pay  a  fine  of  not  exceeding  one  thousand  dollars,  or  both, 
at  the  discretion  of  the  court. 
9G694°— 11 15 


226  NAVIGATION   LAWS   OF   THE   UNITED   STATES, 

R.  s.,  3106.  Each  vessel,  car.  or  other  vehicle,  crate,  box.  bag,  basket, 
barrel,  bunclle,cask,  trunk,  package,  parcel,  or  other  thmg, 
with  the  cargo,  or  contents  thereof,  from  Avhich  the  wire, 
seal,  lead,  lock,  or  other  fastening  or  mark  shall  have  been 
broken,  cut,  picked,  opened,  or  removed  by  any  such  unau- 
thorized person  or  persons,  or  to  which  such  seal,  or  other 
thing  purporting  to  be  a  seal,  has  been  wrongfully  at- 
tached, shall  be  forfeited. 

249.  Transfer  of  cargo. 

R.  s.,  3109.  ^j^g  master  of  any  foreign  vessel,  laden  or  in  ballast, 

arriving,  whether  by  sea  or  otherAvise,  in  the  waters  of 
the  United  States  from  any  foreign  territory  adjacent  to 
the  northern,  northeastern,  or  northwestern  frontiers  of 
the  United  States,  shall  report  at  the  office  of  any  col- 
lector or  deputy  collector  of  the  customs,  which  shall  be 
nearest  to  the  point  at  which  such  vessel  may  enter  such 
waters;  and  such  vessel  shall  not  transfer  her  cargo  or 
passengers  to  another  vessel  or  proceed  farther  inland, 
either  to  unlade  or  take  in  cargo,  without  a  special  per- 
mit from  such  collector  or  deputy  collector,  issued  under 
and  in  accordance  with  such  general  or  special  regulations 
Feb.  14,  1903.  og  the  Secretary  of  the  Treasury  may,  in  his  discretion, 
Feb.  17,  1898.  '^-^^^^   ^^^^^^   ^o   time   prescribe.     This   section   shall   also 
Sec.  4.  '  -pply  to  trade  Avith  or  through  Alaska,     For  any  viola- 

tion of  this  section  such  vessel  shall  be  seized  and  for- 
feited. 

250.  Sea-stores. 

R.  s.,  3111.  jf  ^j^j  vessel  enrolled  or  licensed  to  engage  in  the  for- 
eign and  coasting  trade  on  the  northern,  northeastern, 
and  northwestern  frontiers  of  the  United  States  shall 
touch  at  any  port  in  the  adjacent  British  pro^dnces,  and 
the  master  of  such  vessel  shall  purchase  any  merchandise 
for  the  use  of  the  vessel,  the  master  of  the  vessel  shall 
report  the  same,  with  cost  and  quantity  thereof,  to  the 
collector  or  other  officer  of  the  customs  at  the  first  port 
in  the  United  States  at  which  he  shall  next  arrive,  des- 
ignating them  as  "sea-stores;"  and  in  the  oath  to  be 
taken  by  such  master  of  such  vessel,  on  making  such 
report,  he  shall  declare  that  the  articles  so  specified  or 
designated  "sea-stores"  are  truly  intended  for  the  use 
exclusively  of  the  vessel,  and  are  not  intended  for  sale, 
transfer,  or  private  use.  If  any  other  or  greater  quantity 
of  dutiable  articles  shall  be  found  on  board  such  vessel 
than  are  specified  in  such  report  or  entry  of  such  articles, 
or  any  part  thereof  shall  be  landed  without  a  permit  from 
a  collector  or  other  officer  of  the  customs,  such  articles 
together  with  the  vessel,  her  apparel,  tackle,  and  furni- 
ture, shall  be  forfeited. 

R.  s.,  3112.  If,  upon  examination  and  inspection  by  the  collector  or 
other  officer  of  the  customs,  such  articles  are  not  deemed 
excessive  in  quantity  for  the  use  of  the  vessel,  until  an 


PART  XVIII. COMMERCE  WITH  CONTIGUOUS  COUNTRIES.       227 

American  port  may  be  reached  by  such  vessel,  where  such 
sea-stores  can  be  obtained,  such  articles  shall  be  declared 
free  of  duty ;  but  if  it  shall  be  found  that  the  quantity  or 
quantities  of  such  articles,  or  any  part  thereof  so  reported 
are  excessive,  it  shall  be  lawful-  for  the  collector  or  other 
officer  of  the  customs  to  estimate  the  amount  of  duty  on 
such  excess,  which  shall  be  forthwith  paid  by  the  master 
of  the  vessel,  on  penalty  of  paying  a  sum  of  not  less  than 
one  hundred  dollars,  nor  more  than  four  times  the  value 
of  such  excess,  or  such  master  shall  be  punishable  by  im- 
prisonment for  not  less  than  three  months,  and  not  more 
than  two  years. 

251.  Saloon  stores. 

Articles  purchased  for  the  use  of  or  for  sale  on  board  ^-  ^"  ^^^^' 
any  such  vessel,  as  saloon  stores  or  supplies,  shall  be 
deemed  merchandise,  and  shall  be  liable,  when  purchased 
at  a  foreign  port,  to  entry  and  the  payment  of  the  duties 
found  to  be  due  thereon,  at  the  first  port  of  arrival  of 
such  vessel  in  the  United  States ;  and  for  a  failure  on  the 
part  of  the  saloon-keeper  or  person  purchasing  or  owning 
such  articles  to  report,  make  entries,  and  pay  duties,  as 
hereinbefore  required,  such  articles,  together  with  the 
fixtures  and  other  merchandise,  found  in  such  saloon  or 
on  or  about  such  vessel  belonging  to  and  owned  by  such 
saloon-keeper  or  other  person  interested  in  such  saloon, 
shall  be  seized  and  forfeited,  and  such  saloon-keeper  or 
other  person  so  purchasing  and  owning  shall  be  liable  to 
a  penalty  of  not  less  than  one  hundred  dollars  and  not 
more  than  five  hundred,  and  shall  be  punishable  by  im- 
prisonment for  not  less  than  three  months,  and  not  more 
than  two  years. 

252.  Duties  on  repairs. 

The  equipments,  or  any  part  thereof,  including  boats,  R-  S..  3114. 
purchased  for,  or  the  expenses  of  repairs  made  in  a  for- 
eign country  upon  a  vessel  enrolled  and  licensed  under  the 
laws  of  the  United  States  to  engage  in  the  foreign  and 
coasting  trade  on  the  northern,  northeastern,  and  north- 
western frontiers  of  the  United  States,  or  a  vessel  in- 
tended to  be  employed  in  such  trade,  shall,  on  the  first 
arrival  of  such  vessel  in  any  port  of  the  United  States,  be 
liable  to  entry  and  the  payment  of  an  ad-valorem  duty  of 
fifty  per  centum  on  the  cost  thereof  in  such  foreign  coun- 
try ;  and  if  the  owner  or  master  of  such  vessel  shall  will- 
fully and  knowingly  neglect  or  fail  to  report,  make  entry, 
and  pay  duties  as  herein  required,  such  vessel,  with  her 
tackle,  apparel,  and  furniture,  shall  be  seized  and  for- 
feited. 

No  license,  or  enrollment  and  license,  nor  renewal  of   R-S.,  4330. 
either,  shall  hereafter  be  issued  to  any  vessel  until  the 
collector  to  whom  application  is  made  for  the  same  is 
satisfied,  from  the  oath  of  the  owner  or  master,  that  all 


228  NAVIGATION   LAWS   OF   THE  UNITED   STATES. 

equipments  and  repairs,  made  in  a  foreign  port  within  the 
year  immediately  preceding  such  application,  have  been 
duly  accounted  for,  and  the  duties  accruing  thereon  duly 
paid;  and  if  such  owner  or  master  shall  refuse  to  take 
such  oath,  or  take  it  falsely,  the  vessel  shall  be  seized  and 
forfeited. 
R.  s.,  3115.  If  the  owner  or  master  of  such  vessel  shall,  however, 
furnish  good  and  sufficient  evidence  that  such  vessel, 
while  in  the  regular  course  of  her  voyage,  was  compelled, 
by  stress  of  weather  or  other  casualty,  to  put  into  such 
foreign  port  and  purchase  such  equipments,  or  make  such 
repairs,  to  secure  the  safety  of  the  vessel  to  enable  her  to 
reach  her  port  of  destination,  then  it  shall  be  competent 
for  the  Secretary  of  the  Treasury  to  remit  or  refund  such 
duties,  and  such  vessel  shall  not  be  liable  to  forfeiture, 
and  no  license  or  enrollment  and  license,  or  renewal  of 
either,  shall  hereafter  be  issued  to  any  such  vessel  until 
the  collector  to  wliom  application  is  made  for  the  same 
shall  be  satisfied,  from  the  oath  of  the  owner  or  master, 
that  all  such  equipments  and  repairs  made  within  the 
year  immediately  preceding  such  application  have  been 
duly  accounted  for  under  the  provisions  of  this  and  the 
preceding  sections,  and  the  duties  accruing  thereon  duly 
paid;  and  if  such  owner  or  master  shall  refuse  to  take 
such  oath,  or  take  it  falsel}^,  the  vessel  shall  be  seized  and 
forfeited. 

253.   Entry  from  one  district  to  another. 

The  master  of  every  vessel  enrolled  or  licensed  to  en- 
gage in  the  foreign  and  coasting  trade  on  the  northern, 
northeastern,  and  northwestern  frontiers  of  the  United 
States,  except  canal-boats  employed  in  navigating  the 
canals  within  the  UnitecLStates,  shall,  before  the  depar- 
ture of  his  vessel  from  a  port  in  one  collect  ion- district  to 
a  port  in  another  collection-district,  present  to  the  col- 
lector at  the  port  of  departure  duplicate  manifests  of  his 
cargo,  or,  if  he  have  no  cargo,  duplicate  manifests  setting 
forth  that  fact;  such  manifests  shall  be  subscribed  and 
sworn  to  by  the  master  before  the  collector,  who  shall 
indorse  thereon  his  certificate  of  clearance,  retaining  one 
for  the  file^  of  his  office ;  the  other  he  shall  deliver  for  the 
use  of  the  master. 

If  any  vessel  so  enrolled  or  licensed  shall  touch  at  any 
intermediate  port  of  the  United  States,  and  there  dis- 
charge cargo  taken  on  board  at  an  American  port,  or  at 
such  intermediate  ports  shall  take  on  board  cargo  des- 
tined for  an  American  joort,  the  master  of  such  vessel 
shall  not  be  required  to  report  such  lading  or  unlading 
at  such  intermediate  ports,  but  shall  enter  the  same  on 
his  manifest  obtained  at  the  original  port  of  departure, 
fvhich  he  shall  deliver  to  the  collector  of  the  port  at  which 
the  unlading  of  the  cargo  is  completed,  within  twenty- 


R.  S.,  3116. 


R.  S.,  311' 


PAET  XVIII. COMMERCE  WITH  CONTIGUOUS  COUNTRIES.       229 

four  hours  after  arrival,  and  shall  subscribe  and  make 
oath  as  to  the  truth  and  correctness  of  the  same. 

The  master  of  any  vessel  so  enrolled  or  licensed  shall,  ^-  s..  3ii8. 
before  departing  from  a  port  in  one  collection-district  to  a 
place  in  another  collection-district,  where  there  is  no 
custom-house,  file  his  manifest,  and  obtain  a  clearance  in 
the  same  manner,  and  make  oath  to  the  manifest,  which 
manifest  and  clearance  shall  be  delivered  to  the  proper 
officer  of  customs  at  the  port  at  which  the  vessel  next 
arrives  after  leaving  the  place  of  destination  specified  in 
the  clearance. 

Nothing  contained  in  the  three  preceding  sections  shall   ^-  S-'  ^n^- 
exempt  masters  of  vessels  from  reporting,  as  now  required 
by  law,  any  merchandise  destined  for  any  foreign  port. 
No  permit  shall  be  required  for  the  unlading  of  cargo 
brought  from  an  American  port. 

Xo  merchandise  taken  from  any  port  in  the  United  ^-  ^•'  ^^^^* 
States  on  the  northern,  northeastern,  or  northwestern 
frontiers  thereof,  to  a  port  in  another  collection-district 
of  the  United  States  on  such  frontiers,  in  any  vessel,  shall 
be  unladen  or  delivered  from  such  vessel  within  the 
United  States,  but  in  open  day,  that  is  to  say,  between  the 
rising  and  setting  of  the  sun,  except  by  special  license 
fi'om  the  collector  or  other  principal  officer  of  the  port 
for  the  purpose.  The  owner  of  every  vessel  whose  mas- 
ter or  manager  shall  neglect  to  comply  with  the  provi- 
sions of  this  section  shall  be  liable  to  a  penalty  of  not 
loss  than  one  hundred  dollars  nor  more  than  five  hun- 
dred. The  Secretary  of  the  Treasury  may,  from  time 
to  time,  make  such  regulations  as  to  him  shall  seem 
necessary  and  expedient  for  unloading  at  and  clearance 
from  any  port  or  place  on  such  frontiers  of  ships  or  ves- 
sels at  night.  And  that  the  Secretary  of  the  Treasury  be, 
and  he  is  hereby,  authorized,  in  his  discretion,  to  make 
such  regulations  as  shall  enable  vessels  engaged  in  the 
coasting-trade  between  ports  and  places  upon  Lake  Mich- 
igan exclusively,  and  laden  with  American  productions 
and  free  merchandise  only,  to  unlade  their  cargoes  with- 
out previously  obtaining  a  permit  to  unlade. 

The  master  of  any  vessel  so  enrolled  or  licensed,  des-  ^-  S-.  3122. 
tined  with  a  cargo  from  a  place  in  the  United  States,  at 
which  there  may  be  no  custom-house,  to  a  port  where 
there  may  be  a  custom-house,  shall,  within  twenty-four 
hours  after  arrival  at  the  port  of  destination,  deliver  to 
the  proper  officer  of  the  customs  a  manifest,  subscribed 
by  him,  setting  forth  the  cargo  laden  at  the  place  of 
departure,  or  laden  or  unladen  at  any  intermediate  port, 
or  place,  to  the  truth  of  which  manifest  he  shall  make 
oath  before  such  officer.  If  the  vessel,  hovxever,  have  no 
cargo,  the  master  shall  not  be  required  to  deliver  such 
manifest. 


230  NAVIGATION   LAWS    OF    THE   UNITED   STATES. 

254.  Discharging  cargo  and  passengers. 

R.  s.,  3121.  r^i^Q  master  of  any  vessel  with  cargo,  passengers,  or 

baggage  from  any  foreign  port,  shall  obtain  a  permit  and 
comply  with  existing  laws,  before  discharging  or  landing 
the  same. 

255.  Steam  tugs. 

R.  s.,  3123.  Steam-tugs  duly  enrolled  and  licensed  to  engage  in  the 

foreign  and  coasting  trade  on  the  northern,  northeastern, 
and  northwestern  frontiers  of  the  United  States,  when 
exclusively  employed  in  towing  vessels,  shall  not  be 
required  to  report  and  clear  at  the  custom-house.  ^Mien 
such  steam-tugs,  however,  are  employed  in  towing  rafts 
or  other  vessels  without  sail  or  steam  motive-power,  not 
required  to  be  enrolled  or  licensed  under  existing  laws, 
they  shall  be  required  to  report  and  clear  in  the  same 
manner  as  is  hereinbefore  provided  in  similar  cases  for 
other  vessels. 

256.  Forms  and  penalties. 

R.  s..  3124.  xhe  manifests,  certificates  of  clearance,  and  oaths,  pro- 
vided for  by  the  eight  preceding  sections  [R.  S.,  3116- 

Feb.  14,  1903.  3123]^  shall  be  in  such  form,  and  prepared,  filled  up,  and 
executed  in  such  manner  as  the  Secretary  of  the  Treasury 
may  from  time  to  time  prescribe. 

R.  s.,  3125.  jf  ^j-^g  master  of  any  enrolled  or  licensed  vessel  shall 

neglect  or  fail  to  comply  with  any  of  the  provisions  or  re- 
quirements of  the  nine  preceding  sections  [R.  S.,  311G- 
3124],  such  master  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  twenty  dollars  for  each  and  every  fail- 
ure or  neglect,  and  for  which  sum  the  vessel  shall  be  liable, 
and  may  be  summarily  proceeded  against,  by  way  of  libel, 
in  any  district  court  of  the  United  States. 

257.  Touching  at  foreign  ports. 

R.  s.,  3126.  x^iy  vessel,  on  being  duly  registered  in  pursuance  of 
the  laws  of  the  United  States,  may  engage  in  trade 
between  one  port  in  the  United  States  and  one  or  more 
ports  within  the  same,  with  the  privilege  of  touching  at 
one  or  more  foreign  ports  during  the  voyage,  and  land 
and  take  in  thereat  merchandise,  passengers  and  their 
baggage,  and  letters,  and  mails.  All  such  vessels  shall 
be  furnished  by  the  collectors  of  the  ports  at  which  they 
shall  take  in  their  cargoes  in  the  United  States,  with  cer- 
tified manifests,  setting  forth  the  particulars  of  the  car- 
goes, the  marks,  number  of  packages,  by  whom  shipped, 
to  whom  consigned,  at  what  port  to  be  delivered :  desig- 
nating such  merchandise  as  is  entitled  to  drawback,  or  to 
the  privilege  of  being  placed  in  warehouse ;  and  the  mas- 
ters of  all  such' vessels  shall,  on  their  arrival  at  any  port 
of  the  United  States  from  any  foreign  port  at  which  such 
vessel  may  have  touched,  as  herein  provided,  conform  to 
the  laws  providing  for  the  delivery  of  manifests  of  cargo 


PAET  XVIII. COMMERCE  WITH  CONTIGUOUS  COUNTRIES*       231 

and  passengers  taken  on  board  at  such  foreign  port,  and 
all  other  laws  regulating  the  report  and  entry  of  vessels 
from  foreign  ports,  and  be  subject  to  all  the  penalties 
therein  prescribed. 

258.  Foreig-n  merchandise  coastwise. 

Any  foreign  merchandise  taken  in  at  one  port  of  the  ^-  ^•'  ^-^^^^ 
United  States  to  be  conveyed  in  registered  vessels  to  any 
other  port  within  the  same,  either  under  the  provisions 
relating  to  warehouses,  or  under  the  laws  regulating  the 
transportation  coastwise  of  merchandise  entitled  to  draw- 
back, as  well  as  any  merchandise  not  entitled  to  drawback, 
but  on  which  the  import  duties  chargeable  by  law  shall 
have  been  duly  paid,  shall  not  become  subject  to  any  im- 
port duty  by  reason  of  the  vessel  in  which  they  may 
arrive  having  touched  at  a  foreign  port  during  the 
voyage. 

259.  Special  provisions  for  British  North  America. 

When  any  merchandise  shall  be  imported  from  Canada  ^-  ^•'  ^^^^• 
into  the  United  States,  in  any  steamboat  on  Lake  Cham- 
plain,  and  the  merchandise  shall  have  been  duly  entered, 
the  duties  thereon  paid  at  the  office  of  the  collector  of  any 
district  adjoining  Lake  Champlain,  it  shall  be  lawful  to 
land  such  merchandise  in  the  same  or  any  other  district 
adjoining  Lake  Champlain. 

The  Secretary  of  the  Treasury,  with  the  approbation  of  R-  s.,  3129. 
the  President,  provided  the  latter  shall  be  satisfied  that 
similar  privileges  are  extended  to  vessels  of  the  United 
States  in  the  colonies  hereinafter  mentioned,  is  hereby 
authorized,  under  such  regulations  as  he  may  prescribe  to 
protect  the  revenue  from  fraud,  to  permit  vessels  laden 
with  the  products  of  Canada,  New  Brunswick,  Xova 
Scotia,  Newfoundland,  and  Prince  Edward  Island,  or 
either  of  them,  to  lade  or  unlade  at  any  port  within  any 
collection-district  of  the  United  States  which  he  may  des- 
ignate; and  if  any  such  vessel  entering  a  port  so  desig- 
nated, to  lade  or  unlade,  shall  neglect  or  refuse  to  comply 
with  the  regulations  so  prescribed  by  the  Secretary  of  the 
Treasury,  such  vessel,  and  the  OAvner  and  master  thereof, 
shall  be  subject  to  the  same  penalties  as  if  no  authority 
under  this  section  had  been  granted  to  lade  or  unlade  in 
such  port. 


Part  XIX.— DOMESTIC  COMMEKCE. 


260.  Great  districts, 

261.  Clearance  witliin  a  great  district. 

262.  Entry  wittiin  a  great  district. 

263.  Coasting   trade   via    Isthmus   of 

Panama. 

264.  Clearance  for  another  great  dis- 

trict. 

265.  Entry  to  another  great  district. 

266.  Exemption    on    the    Mississippi 

and  tributaries. 

Vessels  with  domestic  cargo. 

Registered  vessels  in  the  coast- 
ing  trade. 


267. 
268. 


269.  Report  by  master. 

270.  Foreign     vessels     barred     from 

coasting-trade. 

271.  Immediate  exportation  to  foreign 

port. 

272.  Foreign  vessels  on  coasting  voy- 

ages. 

273.  Foreign  tug-boats. 

274.  Penalties  for  violations  of  coast- 

ing laws. 

275.  Forfeiture  of  vessel  and  merchan- 

dise. 


R.  S.,  4348. 
May  12,  1906. 


R.  S..  4349. 


260.  Great  districts. 

The  seacoasts  and  navigable  rivers  of  the  United  States 
and  Porto  Eico  shall  be  divided  into  five  great  districts: 
The  first  to  include  all  the  collection  districts  on  the  sea- 
coasts  and  navigable  rivers  between  the  northern  bound- 
ary of  the  State  of  Maine  and  the  southern  boundary  of 
the  State  of  Texas;  the  second  to  consist  of  the  island  of 
Porto  Eico;  the  third  to  include  the  collection  districts 
on  the  seacoasts  and  navigable  rivers  between  the  south- 
ern boundary  of  the  State^Df  California  and  the  northern 
boundary  oi  the  State  of  Washington;  the  fourth  to 
consist  of  the  Territory  of  Alaska ;  the  fifth  to  consist  of 
the  Territor}^  of  Hawaii. 

261.  Clearance  witliin  a  great  district. 

The  master  of  every  vessel  under  twenty  tons  burden 
licensed  for  carrying  on  the  coasting-trade,  destined  from 
a  district  in  one  State  to  a  district  in  the  same  or  an  ad- 
joining State,  on  the  sea-coast  or  on  a  navigable  river, 
and  of  every  vessel  of  the  burden  of  twenty  tons  and  up- 
w^ard,  destined  from  a  district  w^ithin  one  of  the  great 
districts  to  another  district  within  the  same  great  district, 
or  from  a  State  in  one  great  district  to  an  adjoining  State 
in  another  great  district,  having  on  board  either  distilled 
spirits  in  casks  exceeding  five  hundred  gallons,  wines  in 
casks  exceeding  two  hundred  and  fifty  gallons,  or  in  bot- 
tles exceeding  one  hundred  dozens,  sugar  in  casks  or  boxes 
exceeding  three  thousand  pounds,  or  foreign  merchandise 
in  packages,  as  imported,  exceeding  in  value  four  hundred 
dollars,  or  merchandise,  consisting  of  such  enumerated  or 
other  articles  of  foreign  growth  or  manufacture,  or  of 
both,  whose  aggregate  value  exceeds  eight  hundred  dol- 
232 


R.  S.,  4350. 
July  12,  1876. 


PART   XIX. DOMESTIC    COMMERCE.  233 

lars,  shall,  previous  to  the  departure  of  such  vessel  from 
the  port  where  she  may  then  be,  make  out  and  subscribe 
duplicate  manifests  of  the  whole  of  such  cargo  on  board 
such  vessel,  specifying  in  such  manifests  the  marks  and 
numbers  of  every  cask,  bag,  box,  chest,  or  package  con- 
taining the  same,  with  the  name  and  place  of  residence 
of  every  shipper  and  consignee,  and  the  quantity  shipped 
by  and  to  each.  If  there  be  a  collector  or  surveyor 
residing  at  such  port,  or  within  five  miles  thereof,  he 
shall  deliver  such  manifest  to  the  collector,  if  there  be 
one;  otherwise  to  the  surveyor,  before  whom  he  shall 
swear,  to  the  best  of  his  knowledge  and  belief,  that  the 
goods  therein  contained  were  legally  imported,  and  the 
duties  thereupon  paid  or  secured,  or  if  spirits  distilled 
within  the  United  States  that  the  duties  thereupon  have 
been  paid  or  secured.  Thereupon  the  collector  or  sur- 
veyor shall  certify  the  same  on  the  manifests,  one  of 
which  he  shall  return  to  the  master,  with  a  permit,  speci- 
fying thereon,  generally,  the  lading  on  board  such  vessel, 
and  authorizing  him  to  proceed  to  the  port  of  his  destina- 
tion. 

If  any  vessel,  being  laden  and  destined,  as  mentioned  m 
the  preceding  section,  shall  depart  from  the  port  where 
she  may  then  be  without  the  master  having  first  made  out 
and  subscribed  duplicate  manifests  of  the  lading  on  board 
such  vessel,  and  in  case  there  be  a  collector  or  surveyor 
residing  at  such  port,  or  within  five  miles  thereof,  with- 
out having  previously  delivered  the  same  to  the  collector 
or  surveyor,  and  obtaining  a  permit,  such  master  shall  be 
liable  to  a  penalty  of  one  hundred  dollars. 
262.   Entry  within  a  great  district. 

The  master  of  every  vessel  licensed  for  carrying  on  the  f^jiyisfme. 
coasting-trade,  having  on  board  either  distilled  spirits  in 
casks  exceeding  five  hundred  gallons,  wine  in  casks  ex- 
ceeding two  hundred  and  fifty  gallons,  or  in  bottles  ex- 
ceeding one  hundred  dozens,  sugar  in  casks  or  boxes 
exceeding  three  thousand  pounds,  or  foreign  merchandise 
in  packages,  as  imported,  exceeding  in  value  four  hun- 
dred dollars,  or  goods,  wares,  or  merchandise,  consisting 
of  such  enumerated  or  other  articles  of  foreign  growth 
or  manufacture,  or  of  both,  whose  aggregate  value  ex- 
ceeds eight  hundred  dollars,  and  arriving  from  a  district 
in  one  State,  at  a  district  in  the  same  or  an  adjoining 
State  on  the  sea-coast,  or  on  a  navigable  river,  or,  if  of 
the  burden  of  twenty  tons  or  upward,  arriving  at  a  dis- 
trict within  one  of  the  great  districts  from  another  dis- 
trict within  the  same  great  district,  or  from  a  State  ad- 
joining such  great  district,  shall,  previous  to  the  unlad- 
ing of  any  part  of  the  cargo  of  such  vessel,  deliver  to  the 
collector,  if  there  be  one,  or  if  not,  to  the  surveyor  resid- 
ing at  the  port  of  her  arrival,  or  if  there  be  no  collector 
or  surveyor  residing  at  such  port,  then  to  a  collector  or 
surveyor,  if  there  be  any  such  officer  residing  within  five 


234  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

miles  thereof,  the  manifest  of  the  cargo,  certified  by  the 
collector  or  surveyor  of  the  district  from  whence  she 
sailed  if  there  be  such  manifest,  otherwise  the  duplicate 
manifest  thereof,  as  is  hereinbefore  directed,  to  the  truth 
of  which,  before  such  officer,  he  shall  swear.  If  there 
have  been  taken  on  board  such  vessel  any  other  or  more 
goods  than  are  contained  in  such  manifest  or  manifests, 
since  her  dejDarture  from  the  port  from  whence  she  first 
sailed,  or  if  any  goods  have  been  since  landed,  the  master 
shall  make  known  and  particularize  the  same  to  the  col- 
lector or  surveyor,  or  if  no  such  goods  have  been  so  taken 
on  board  or  landed,  he  shall  so  declare,  to  the  truth  of 
which  he  shall  swear.  Thereupon  the  collector  or  sur- 
veyor shall  grant  a  permit  for  unlading  a  part  or  the 
whole  of  such  cargo,  as  the  master  or  commander  may 
request.  If  there  is  no  collector  or  survevor  residing  at 
or  within  five  miles  of  the  port  of  her  arrival,  the  master 
of  such  vessel  may  proceed  to  discharge  the  lading  from 
on  board  such  vessel,  but  shall  deliver  to  the  collector  or 
surveyor  residing  at  the  first  port  where  he  may  next 
afterward  arrive,  and  within  twenty-four  hours  of  his 
arrival,  the  manifest  or  manifests,  noting  thereon  the 
times  when  and  places  where  the  goods  therein  mentioned 
have  been  unladen,  to  the  truth  of  which,  before  the  last- 
mentioned  collector  or  surveyor,  he  shall  swear. 
R.  s.,  4352.  If  the  master  of  any  such  vessel,  being  laden  and  des- 
Juiy  12,  i876.^jj^g^  ^g  mentioned  in  the  preceding  section,  shall  neglect 
or  refuse  to  deliver  manifests,  at  the  times  and  in  the 
manner  directed,  he  shall  be  liable  to  a  penalty  of  one 
hundred  dollars. 

263.  Coasting"  trade  via  Isthmus  of  Panama. 
[See  page  480,  K.  S.,  2999.] 

264.  Clearance  for  another  great  district. 

R.  s.,  4353.  The  master  of  every  vessel  under  twenty  tons  of  burden 
July  12,  i876.j^^gj^gg^  £qj.  (tarrying  on  the  coasting-trade,  and  destined 
from  any  district  of  the  United  States  to  a  district  other 
than  a  district  in  the  same  or  an  adjoining  State,  on  the 
seacoast,  or  on  a  navigable  river,  and  of  every  vessel  of 
the  burden  of  twenty  tons  and  upward,  destined  to  a 
district  other  than  a  district  within  the  same  great  dis- 
trict, or  within  a  State  adjoining  such  great  district, 
shall,  previous  to  her  departure,  deliver  to  the  collector 
residing  at  the  port  where  such  vessel  may  be,  if  there  is 
one,  otherwise  to  the  collector  of  the  district  comprehend- 
ing such  port,  or  to  a  surveyor  within  the  district,  as  the 
one  or  the  other  may  reside  nearest  to  the  port  at  which 
such  vessel  may  be,  duplicate  manifests  of  the  whole 
cargo  on  board  such  vessel;  or  if  there  is  no  cargo  on 
board,  he  shall  so  certify;  and  if  there  are  any  distilled 
spirits,  or  merchandise  of  foreign  growth  or  manufac- 
ture on  board,  other  than  what  may  by  the  collector  be 


PART   XIX. DOMESTIC    COMMERCE.  235 

deemed  sufficient  for  sea-stores,  he  shall  specify  in  such 
manifest  the  marks  and  numbers  of  eA'ery  cask,  bag,  box, 
chest,  or  package  containing  the  same,  with  the  name,  and 
place  of  residence  of  every  shipper  and  consignee  of  such 
distilled  spirits,  or  merchandise  of  foreign  growth  or 
manufacture,  and  the  quantity  shipped  by  and  to  each. 
The  manifests  or  certificates  shall  be  subscribed  and 
sworn  to  by  him ;  and  he  shall  also  swear,  before  the  col- 
lector or  surveyor,  that  such  merchandise  of  foreign 
growth  or  manufacture  was,  to  the  best  of  his  knowledge 
and  belief,  legally  imported,  and  the  duties  thereupon 
paid  or  secured ;  or,  if  spirits  distilled  within  the  United 
States,  that  the  duties  thereupon  have  been  duly  paid  or 
secured.  Upon  the  performance  of  these  provisions,  and 
not  before,  the  collector  or  surveyor  shall  certify  the  same 
on  the  manifests  or  certificates;  one  of  which  he  shall 
return  to  the  master,  with  a  permit  thereto  annexed, 
authorizing  him  to  proceed  to  the  port  of  his  destination. 

If  any  such  vessel,  destined  as  mentioned  in  the  preced-    R.  s.,  4354. 
ing  section,  shall  depart  from  the  port  where  she  may    July  12. 1876. 
then  be,  having  distilled  spirits,  or  goods,  wares,  or  mer- 
chandise of  foreign  growth  or  manufacture  on  board, 
without  complying  with  the  requirements  of  the  preced- 
ing section,  the  master  thereof  shall  \w.  liable  to  a  penalty 
of  one  hundred  dollars ;  or,  if  the  lading  be  of  goods  the 
growth  or  manufacture  of  the  United  States  only,  or  if 
such  vessel  have  no  cargo,  and  she  depart  without  the  sev- 
eral things  required  in  the  preceding  section  being  com- 
plied with,  the  master  shall  be  liable  to  a  penalty  of  fifty 
dollars. 
265.   Entry  to  another  great  district. 

The  master  of  every  vessel  under  twenty  tons  burden  ^^^'^^^^^^q 
licensed  to  carry  on  the  coasting  trade,  arriving  at  any  ^  ^  ' 
district  of  the  United  States  from  any  district  other  than 
a  district  in  the  same  or  an  adjoining  State  on  the  sea- 
coast,  or  on  a  navigable  river,  and  of  every  vessel  of  the 
burden  of  twenty  tons  and  upward  arriving  from  a  clis- 
trict  other  than  a  district  within  the  same  great  district, 
or  from  a  State  adjoining  such  great  district,  shall  deliver 
to  the  collector  residing  at  the  port  where  she  may  arrive 
if  there  be  one,  otherwise  to  the  collector  or  surveyor  in 
the  district  comprehending  such  port,  as  the  one  or  the 
other  may  reside  nearest  thereto,  if  the  collector  or  sur- 
veyor reside  at  a  distance  not  exceeding  five  miles,  within 
tAventy-four  hours,  or,  if  at  a  greater  distance,  within 
forty-eight  hours  next  after  his  arrival,  and  previous  to 
the  unlading  any  of  the  goods  brought  in  such  vessel,  the 
manifest  of  the  cargo,  if  there  be  any,  certified  by  the  col- 
lector or  surveyor  of  the  district  from  whence  she  last 
sailed;  and  shall  make  oath,  before  the  collector  or  sur- 
veyor, that  there  was  not  when  he  sailed  from  the  district 
where  his  manifest  was  certified,  and  has  not  been  since, 


236  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

and  is  not  then  any  more  or  other  merchandise  of  foreign 
growth  or  manufacture,  or  distilled  spirits,  if  there  be 
any,  other  than  sea-stores,  on  board  such  vessel,  than  is 
therein  mentioned ;  and  if  there  be  none  such,  he  shall  so 
swear;  and  if  there  be  no  cargo  on  board,  he  shall  pro- 
duce the  certificate  of  the  collector  or  surveyor  of  the  dis- 
trict from  whence  she  last  sailed  that  such  is  the  case. 
Thereupon  such  collector  or  surveyor  shall  gTant  a  permit 
for  unlading  the  whole  or  part  of  such  cargo,  if  there 
be  any,  within  his  district,  as  the  master  may  request; 
and  where  a  part  only  of  the  merchandise  of  foreign 
growth  or  manufacture,  or  of  distilled  spirits,  brought 
in  such  vessel,  is  intended  to  be  landed,  the  collector  or 
surveyor  shall  make  an  indorsement  of  such  part  on  the 
back  of  the  manifest,  specifying  the  articles  to  be  landed ; 
and  shall  return  such  manifest  to  the  master,  indorsing 
also  thereon  his  permission  for  such  vessel  to  proceed  to 
the  place  of  her  destination. 
R.  s.,  4356._^  If  the  master  of  such  vessel,  laden  and  destined  as  men- 
Juiy  12,  i8<6.  i^JQn^fi  [yi  the  preceding  section,  shall  neglect  or  refuse  to 
deliver  the  manifest,  or,  if  she  has  no  cargo,  the  certificate, 
within  the  time  directed  in  the  preceding  section,  he  shall 
be  liable  to  a  penalty  of  one  hundred  dollars,  and  the  mer- 
chandise of  foreign  growth  or  manufacture,  or  distilled 
spirits,  found  on  board,  or  landed  from  such  ship  or  ves- 
sel, not  being  certified  as  required,  shall  be  forfeited ;  and 
if  the  same  shall  amount  to  the  value  of  eight  hundred 
dollars,  such  ship  or  vessel,  with  her  tackle,  apparel,  and 
furniture,  shall  be  also  forfeited. 

266.  Exemption  on  the  Mississippi  and  tributaries. 

July  12, 1876.  The  provisions  of  sections  forty-three  hundred  and 
forty-nine,  forty-three  hundred  and  fifty,  forty- three 
hundred  and  fifty-one,  forty-three  hundred  and  fifty-two, 
fortj^-three  hundred  and  fifty-three,  forty-three  hundred 
and  fifty-four,  forty-three  hundred  and  fifty-five,  and 
forty-three  hundred  and  fifty-six  of  the  Eevised  Statutes, 
requiring  the  master  of  every  vessel  licensed  to  carry  on 
the  coasting-trade,  laden  in  part  with  foreign  merchan- 
dise or  distilled  spirits,  to  procure  a  permit  from  the  cus- 
toms officer  of  the  port  at  which  his  vessel  was  laden, 
authorizing  him  to  proceed  to  his  j^ort  of  destination,  and 
also  to  procure  a  permit  from  the  port  of  destination  for 
the  unlading  of  his  cargo,  shall  not  be  held  to  include 
vessels  engaged  in  the  navigation  of  the  Mississippi  Kiver 
or  tributaries  above  the  port  of  New  Orleans. 

267.  Vessels  with  domestic  cargo. 

R.  s.,  4359.  Nothing  in  this  Title  [R.  S.,  4311-4390]  shall  be  so  con- 
strued as  to  oblige  the  master  of  any  vessel  of  less  than 
twenty  tons  burden,  licensed  for  carrying  on  the  coasting 
trade,  bound  from  a  district  in  one  State  to  a  district  in 
the  same  or  an  adjoining  State  on  the  sea-coast,  or  on  a 
navigable  river,  or  of  any  vessel  of  the  burden  of  twenty 


PART   XIX. DOMESTIC    COMMERCE.  237 

tons  or  upward,  bound  from  a  district  within  one  of  the 
great  districts  to  a  district  within  the  same  great  district, 
or  within  a  State  adjoining  such  great  district,  having  on 
board  merchandise  of  the  growth,  product,  or  manufac- 
ture of  the  United  States  only,  except  distilled  spirits;  or 
distilled  spirits  not  more  than  five  hundred  gallons,  wine 
in  casks  not  more  than  two  hundred  and  fift}^  gallons,  or 
in  bottles  not  more  than  one  hundred  dozen,  sugar  in 
casks  or  boxes  not  more  than  three  thousand  pounds,  or 
foreign  merchandise  in  packages,  as  imported,  of  not 
more  value  than  four  hundred  dollars,  or  merchandise 
consisting  of  such  enumerated  or  other  articles  of  foreign 
growth  or  manufacture,  or  of  both,  whose  aggregate  value 
shall  be  not  more  than  eight  hundred  dollars,  to  deliver  a 
manifest  thereof,  or  obtain  a  permit,  2:)revious  to  her 
departure,  or,  on  her  arrival  within  such  district,  to  make 
any  report  thereof;  but  such  master  shall  be  provided 
with  a  manifest,  by  him  subscribed,  of  the  lading,  of  what 
kind  soever,  wdiich  was  on  board  such  vessel  at  the  time 
of  his  departure  from  the,  district  from  which  she  last 
sailed,  and  if  the  same,  or  any  part  of  such  lading, 
consists  of  distilled  spirits  or  merchandise  of  foreign 
grovv'th  or  manufacture,  with  the  marks  and  numbers  of 
each  cask,  bag,  box,  chest,  or  package  containing  the  same, 
with  the  name  of  the  shipper  and  consignee  of  each. 
Such  manifest  shall  be  by  him  exhibited,  for  the  inspec- 
tion of  any  officer  of  the  revenue,  when  required  by  such 
officer;  and  he  shall  also  inform  such  officer  from  whence 
such  vessel  last  sailed,  and  how  long  she  has  been  in  port, 
when  by  him  so  interrogated. 

Whenever  the  master  of  such  vessel,  laden  and  destined  ^-  S-'  43^^- 
as  described  in  the  preceding  section,  is  not  provided,  on 
his  arrival  within  any  such  district,  wnth  a  manifest,  and 
does  not  exhibit  the  same,  as  required  in  the  preceding 
section,  if  the  lading  of  such  vessel  consists  wholly  of 
merchandise  the  produce  or  manufacture  of  the  United 
States,  distilled  spirits  excepted,  he  shall  be  liable  to  a 
penalty  of  twenty  dollars,  or  if  there  be  distilled  spirits, 
or  merchandise  of  foreign  growth  or  manufacture,  on 
board,  excepting  what  may  be  sufficient  for  sea  stores,  he 
shall  be  liable  to  a  penalty  of  forty  dollars;  or  if  he  shall 
refuse  to  answer  the  interrogatories  truly,  as  is  herein  re- 
quired, he  shall  be  liable  to  a  penalty  of  one  hundred  dol- 
lars, if  any  of  the  merchandise  laden  on  board  such 
vessel  be  of  foreign  growth  or  manufacture,  or  of  spirits 
distilled  within  the  United  States,  so  much  of  the  same  as 
may  be  found  on  board  such  vessel,  and  not  included  in 
the  manifest  exhibited  by  such  master,  shall  be  forfeited. 

Coasting-vessels,  going  from  Long  Island,  in  the  State 
of  New  York,  to  the  State  of  Ehode  Island,  or  from  the 
State  of  Rhode  Island  to  Long  Island,  shall  have  the  same 
privileges  as  are  allowed  to  vessels  under  the  like  circum- 
stances going  from  a  district  in  one  State  to  a  district  in 
the  same  or  an  adioininff  State. 


R.  S.,  4357. 


238  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

268.  Registered  vessels  in  the  coasting-trade. 

R.  s.,  4361.  Whenever  any  vessel  of  the  United  States,  registered 

according  to  law,  is  employed  in  going  from  any  one  dis- 
trict in  the  United  States  to  any  other  district,  such  ves- 
sel, and  the  master  thereof,  with  the  goods  she  may  have 
on  board  previous  to  her  departure  from  the  district  where 
she  may  be,  and  also  upon  her  arrival  in  any  other  district, 
shall  be  subject,  except  as  to  the  payment  of  fees,  to  the 
same  regulations,  provisions,  penalties,  and  forfeitures, 
and  the  like  duties  are  imposed  on  like  officers,  as  are  pro- 
vided for  vessels  licensed  for  carrying  on  the  coasting- 
trade.  Xothing  herein  contained  shall  be  construed  to  ex- 
tend to  registered  vessels  of  the  United  States  having  on 
board  merchandise  of  foreign  growth  or  manufacture, 
brought  into  the  United  States,  in  such  vessel,  from  a  for- 
eign port,  and  on  which  the  duties  have  not  been  paid 
according  to  law. 

269.  Report  by  master. 

R.  s.,  4366.  The  master  of  every  vessel  employed  in  the  transporta- 

tion of  merchandise  from  district  to  district,  that  shall 
put  into  a  port  other  than  the  one  to  which  she  was 
bound,  shall,  within  twenty-four  hours  of  his  arrival,  if 
there  be  an  officer  residing  at  such  port,  and  she  continue 
there  so  long,  make  report  of  his  arrival  to  such  officer, 
with  the  name  of  the  place  he  came  from,  and  to  which  he 
is  bound,  with  an  account  of  his  lading;  and  every  mas- 
ter who  neglects  or  refuses  so  to  do  shall  be  liable  to  a 
penalty  of  twenty  dollars. 

270.  Foreign  vessels  barred  from  coasting-trade. 

R.  s.,  4347.  Xo  merchandise  shall  be  transported  by  water  under 

FM   17  itlt  Penalty  of  forfeiture  thereof  from  one  port  of  the  United 
^  ■     '        '  States  to  another  port  of  the  United  States,  either  di- 
rectly or  via  a  foreign  port,  or  for  any  part  of  the  voyage, 
in  any  other  v-essel  than  a  vessel  of  the  United  States. 
But  this  section  shall  not  be  construed  to  prohibit  the 
sailing  of  any  foreign  vessel  from  one  to  another  port  of 
the  United  States:  ^ProvkJed^  That  no  merchandise  other 
than  that  imported  in  such  vessel  from  some  foreign  port 
which  shall  not  have  been  unladen  shall  be  carried  from 
one  port  or  place  in  the  United  States  to  another. 
June  19, 1886.      Xo  foreign  A^essel  shall  transport  passengers  between 
Feb  17  1898  P^^'^^  ^^  placcs  in  the  United  States,  either  directly  or  by 
ggp*2/        '  way  of  a  foreign  port,  under  a  penalty  of  two  hundred 

dollars  for  each  passenger  so  transported  and  landed. 
May  28, 1906.      A  foreign-built  dredge  shall  not.  under  penalty  of  for- 
feiture, engage  in  dredging  in  the  United  States  unless 
documented  as  a  vessel  of  the  United  States. 

271.  Immediate  exportation  to  foreign  port. 

Feb.  17, 1808.      Whenever  merchandise   is  imported   into   the  United 
Sec.  3.  States  by  sea  for  immediate  exportation  to  a  foreign  port 


PART   XIX. DOMESTIC    COMMERCE.  239 

by  sea,  or  by  a  river,  the  right  to  ascend  or  descend  which 

for  the  puri^oses  of  commerce  is  secured  by  treaty  to  the 

citizens  of  the  United  States  and  the  subjects  of  a  foreign 

power,  the  Secretary  of  Commerce  and  Labor  is  hereby  ||J;  ^^'  ^^^^• 

authorized  to  prescribe  reguhitions  for  the  transshipment 

and  transportation  of  such  merchandise. 

272.  Foreign  vessels  on  coasting  voyages. 

The  master  of  every  foreign  vessel  bound  from  a  dis-  R-  s.,  4367. 
trict  in  the  United  States  to  any  other  district  within  the 
same,  shall,  in  all  cases,  previous  to  her  departure  from 
such  district,  deliver  to  the  collector  of  such  district  dupli- 
cate manifests  of  the  lading  on  board  such  vessel,  if  there 
be  any,  or,  if  there  be  none,  he  shall  declare  that  such  is 
the  case ;  and  to  the  truth  of  such  manifest  or  declaration 
he  shall  swear,  and  also  obtain  a  permit  from  the  col- 
lector, authorizing  him  to  proceed  to  the  place  of  his 
destination. 

The  master  of  every  foreign  vessel,  on  his  arrival  R-  S-,  4368. 
within  any  district  from  any  other  district,  shall,  in  all 
cases,  within  forty  eight  hours  after  his  arrival,  and 
previous  to  the  unlading  of  any  goods  from  on  board  such 
vessel,  deliver  to  the  collector  of  the  district  where  he 
may  have  arrived,  a  manifest  of  the  goods  laden  on  board 
such  vessel,  if  any  there  be ;  or  if  in  ballast  only,  he  shall 
so  declare;  he  shall  swear  to  the  truth  of  such  manifest 
or  declaration,  and  shall  also  swear  that  such  manifest 
contains  an  account  of  all  the  merchandise  which  was  on 
board  such  vessel  at  the  time,  or  has  been  since  her  depar- 
ture from  the  place  from  whence  she  shall  be  reported  last 
to  have  sailed ;  and  he  shall  also  deliver  to  such  collector 
the  permit  which  was  given  him  from  the  collector  of  the 
district  from  whence  he  sailed. 

Every  master  of  any  foreign  vessel  who  neglects  or  R-S.,  4369. 
refuses  to  comply  with  any  of  the  requirements  of  the  two 
preceding  sections,  shall  be  liable  to  a  penalty  of  one 
hundred  "dollars.  Nothing  therein  contained  shall,  how- 
ever, be  construed  as  affecting  the  payment  of  tonnage, 
or  any  other  requirements  to  which  such  vessels  are  sub- 
ject by  law. 

273.  Foreign  tug-boats. 

All  steam  tug-boats  not  of  the  United  States  found  em-  ^-  ^•'  ^^^^' 
ployed  in  towing  documented  vessels  of  the  United  States 
plying  from  one  port  or  place  in  the  same  to  another,  shall 
be*^  liable  to  a  penalty  of  fifty  cents  per  ton  on  the  meas- 
urement of  every  such  vessel  so  towed  by  them  respec- 
tively, which  sum  may  be  recovered  by  way  of  libel  or 
suit.  This  section  shall  not  apply  to  any  case  where  the 
towing,  in  whole  or  in  part,  is  within  or  upon  foreign 
waters.  Any  foreign  railroad  company  or  corporation, 
whose  road  enters  the  United  States  by  means  of  a  ferry 
or  tug-boat,  may  own  such  boat,  and  it  shall  be  subject 


240  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

to  no  other  or  different  restrictions  or  regulations  in  such 
employment  than  if  owned  by  a  citizen  of  the  United 
States. 

274.   Penalties  for  violation  of  coasting  laws. 

R.  s.,  4371.  Every  vessel  of  twenty  tons  or  upward,  other  than  reg- 
istered vessels  found  trading  between  district  and  dis- 
trict, or  between  different  places  in  the  same  district, 
or  carrying  on  the  fishery  without  being  enrolled  and 
licensed,  or  if  less  than  twenty  tons  and  not  less  than  five 
tons,  without  a  license,  in  the  manner  provided  by  this 
Title  [K.  S.,  4311-4390],  if  laden  with  merchandise  the 
growth  or  manufacture  of  the  United  States  only,  dis- 
tilled spirits  excepted,  or  in  ballast,  shall  pay  the  same 
fees  and  tonnage  in  every  port  of  the  United  States  at 
which  she  may  arrive  as  vessels  not  belonging  to  a  citizen 
of  the  United  States;  and,  if  she  have  on  board  any 
articles  of  foreign  growth  or  manufacture,  or  distilled 
spirits,  other  than  sea -stores,  she  shall,  together  with  her 
tackle,  apparel,  and  furniture,  and  the  lading  found  on 
board,  be  forfeited. 

Sec.V.^'  ^^^^'  E^^ery  vessel  of  twenty  tons  or  upwards,  entitled  to  be 
documented  as  a  vessel  of  the  United  States,  other  than 
registered  vessels,  found  trading  between  district  and  dis- 
trict, or  between  different  places  in  the  same  district,  or 
carrying  on  the  fishery,  Avithout  being  enrolled  and  li- 
censed, and  every  vessel  of  less  than  twenty  tons  and  not 
less  than  five  tons  burden  found  trading  or  carrying  on 
the  fishery  as  aforesaid  without  a  license  obtained  as  pro- 
vided by  this  title  shall  be  liable  to  a  fine  of  thirty  dollars 
at  ever}"  port  of  arrival  without  such  enrollment  or  license. 
But  if  the  license  shall  have  expired  while  the  vessel  was 
at  sea,  and  there  shall  have  been  no  opportunity  to  renew 
such  license,  then  said  fine  of  thirty  dollars  shall  not  be 
incurred. 

And  so  much  of  section  four  thousand  three  hundred 
and  seventy- one  of  the  Revised  Statutes  as  relates  to  ves- 
sels entitled  to  be  documented  as  vessels  of  the  United 
States  is  hereby  repealed. 

If  any  vessel  be  at  sea  at  the  expiration  of  the  time  for 
which  the  license  was  given,  and  the  master  of  such  ves- 
sel shall  swear  that  such  was  the  case,  and  shall  also, 
within  forty-eight  hours  after  his  arrival,  deliver  to  the 
collector  of  the  district  in  which  he  shall  first  arrive  the 
license  which  shall  have  expired,  the  forfeiture  prescribed 
in  the  preceding  section  shall  not  be  incurred,  nor  shall 
the  vessel  be  liable  to  pay  the  fees  and  tonnage  therein 
required. 
•'  ^^"  ^  iMienever  any  licensed  vessel  is  transferred,  in  whole  or 
in  part,  to  any  person  who  is  not  at  the  time  of  such 
transfer  a  citizen  of  and  resident  within  the  United 
States,  or  is  employed  in  any  other  trade  than  that  for 
which  she  is  licensed,  or  is  found  with  a  forged  or  altered 


R.  S.,  4372. 


PART   XIX. DOMESTIC    COMMERCE.  241 

license,  or  one  granted  for  any  other  vessel,  such  vessel 
with  her  tackle,  apparel,  and  furniture,  and  the  cargo, 
found  on  board  her,  shall  be  forfeited.  But  vessels  which 
may  be  licensed  for  the  mackerel-fishery  shall  not  in- 
cur such  forfeiture  by  engaging  in  catching  cod  or  fish 
of  any  other  description  whatever. 
275.   Forfeiture  of  vessel  and  merchandise. 

Any  merchandise  on  board  any  vessel  which  belongs,  in  ^-  ^-^  ^^^s- 
good  faith,  to  any  person  other  than  the  master,  owner, 
or  mariners  of  such  vessel,  and  upon  which  the  duties 
have  been  paid,  or  secured  according  to  lavv,  shall  be 
exempted  from  any  forfeiture  under  this  Title  [K.  S., 
4311-4390]. 

In  every  case  where  a  forfeiture  of  any  vessel  or  mer-  R-  s.,  4379. 
chandise  shall  accrue,  it  shall  be  the  duty  of  the  collector 
or  other  proper  officer,  who  shall  give  notice  of  the  seizure 
of  such  vessel  or  of  such  merchandise,  to  insert  in  the 
same  advertisement  the  name  and  the  place  of  residence 
of  the  person  to  whom  any  such  vessel  and  merchandise 
belonged  or  were  consigned,  at  the  time  of  such  seizure, 
if  the  same  be  known  to  him. 

All  penalties  and  forfeitures  which  shall  be  incurred  R-S.,  4380. 
by  virtue  of  this  Title  [E.  S.,  4311-4390]  may  be  sued 
for,  prosecuted,  and  recovered  as  penalties  and  forfeitures 
incurred  by  virtue  of  the  laws  relating  to  the  collection 
of  duties,  and  shall  be  appropriated  in  like  manner;  ex- 
cept wdien  otherwise  expressly  prescribed. 

96694°— 11 ^16 


Part  XX.— TRADE  WITH  HAWAII. 


276.  General  provisions.  I  279.  Fisheries. 

277.  Regcistry  of  vessels  and  coasting  I  280.  Wliarves,  harbors,  pilots. 

trade.  281.  Seamen's  laws. 

278.  Quarantine  and  public  health.  I 

276.  General  provisions. 

Sec  5^'  ^^^^'  ^^®  Constitution,  and,  except  as  otherwise  provided. 
May  27, 1910.  ?^^  ^^^®  "^^^^  ^^  ^^^^  United  States,  including  laws  carry- 
ing general  appropriations,  which  are  not  locally  inap- 
plical^le,  shall  have  the  same  force  and  effect  widiin  the 
said  Territory  as  elsewhere  in  the  United  States:  Pro- 
vided, That  sections  eiohteen  hundred  and  forty-one  to 
eighteen  hundred  and  ninety-one,  inclusive,  nineteen  hun- 
dred and  ten  and  nineteen  hundred  and  twelve,  of  the 
Revised  Statutes,  and  the  amendments  thereto,  and  an 
Act  entitled  "An  Act  to  prohibit  the  passage  of  local  or 
special  laws  in  the  Territories  of  the  United  States,  to 
limit  territorial  indebtedness,  and  for  other  purposes," 
approved  July  thirtieth,  eighteen  hundred  and  eighty-six, 
and  the  amendments  thereto,  shall  not  apply  to'lTawaii. 
Sec.  6.  _  The  laws  of  Hawaii  not  inconsistent  with  the  Constitu- 

tion or  laws  of  the  United  States  or  the  provisions  of  this 
Act  shall  continue  in  force,  subject  to  repeal  or  amend- 
ment by  the  legislature  of  Hawaii  or  the  Consress  of  the 
United  States. 

277.  Reg-istry  of  vessels  and  coasting"  trade. 

Apr.  30, 1900.      All  vcsscls  Carrying  Hawaiian  registers  on  the  twelfth 
ec.  98.  ^^y  Qf  August,  eighteen  hundred  and  ninety -eight,  and 

which  were  owned  bona  fide  by  the  citizens  of  the  United 
States,  or  the  citizens  of  Hawaii,  together  with  the  foilow- 
ing-named  vessels  claiming  Hawaiian  register,  Star  of 
France,  Euterpe,  Star  of  Russia,  Falls  of  Clyde,  and  Wil- 
scott,  shall  be  entitled  to  be  registered  as  American  vessels, 
with  the  benefits  and  privileges  appertaining  thereto,  and 
the  coasting  trade  between  the  islands  aforesaid  and  any 
other  portion  of  the  United  States  shall  be  regulated  in 
accordance  with  the  provisions  of  law  applicable  to  such 
trade  between  any  two  great  coasting  districts.  [See 
paragraph  175,  page  161. 

278.  Quarantine  and  public  health. 

SeToT^'^^^'^'      Q^ai'ai^^ine  stations  shall  be  established  at  such  places 
July  1,"  1902  "^  ^^^^  Territory  of  Hawaii  as  the  Surgeon-General  of  the 
242 


PAKT   XX. TEADE    WITH    HAWAII.  243 

Public  Health  and  Marine-Hospital  Service  of  the  United 
States  shall  direct,  and  the  c{iiarantine  regulations  for 
said  islands  relating  to  the  importation  of  diseases  from 
other  countries  shall  be  under  the  control  of  the  Govern- 
ment of  the  United  States.  The  quarantine  station  and 
grounds  at  the  harbor  of  Honolulu,  together  with  all  the 
public  property  belonging  to  that  service,  shall  he  trans- 
ferred to  the  Public  Health  and  Marine-Hospital  Service 
of  the  United  States,  and  said  quarantine  grounds  shall 
continue  to  be  so  used  and  employed  until  the  station  is 
changed  to  other  grounds  which  may  be  selected  by  order 
of  the  Secretary  of  the  Treasury. 

The  health  laws  of  the  government  of  Hawaii  relating 
to  the  harbor  of  Honolulu  and  other  harbors  and  inlets 
from  the  sea  and  to  the  internal  control  of  the  health  of 
the  islands  shall  remain  in  the  jurisdiction  of  the  govern- 
ment of  the  Territory  of  Hawaii,  subject  to  the  quaran- 
tine laws  and  regulations  of  the  United  States. 

279.  risheries. 

All  laws  of  the  Republic  of  Hawaii  which  confer  exclu-  l^^^'-  ^S'  ^^^^' 
sive  fishing  rights  upon  any  person  or  persons  are  hereby 
repealed,  and  all  fisheries  in  the  sea  waters  of  the  Ter- 
ritory of  Hawaii  not  included  in  any  fish  pond  or  artifi- 
cial inclosure  shall  be  free  to  all  citizens  of  the  United 
States,  subject,  however,  to  vested  rights;  but  no  such 
vested  right  shall  be  valid  after  three  j^ears  from  the  tak- 
iri'r  f^  V'-r  of  this  Act  unless  established  as  hereinafter 
provided. 

Any  person  who  claims  a  private  right  to  any  such  ^^^-  ^®- 
fishery  sliall,  within  two  years  after  the  taking  effect  of 
this  Act,  file  his  petition  in  a  circuit  court  of  die  Terri- 
tory of  HaAvaii,  setting  forth  his  claim  to  such  fishing 
right,  service  of  which  petition  shall  be  made  upon  the 
attorney-general,  who  shall  conduct  the  case  for  the  Ter- 
ritory, and  such  case  shall  be  conducted  as  an  ordinary 
action  at  law. 

If  such  fishing  right  be  established,  the  attorney-gen- 
eral of  the  Territory  of  Hawaii  may  proceed,  in  such 
manner  as  may  be  provided  by  law  for  the  condemnation 
of  property  for  public  use,  to  condemn  such  private  right 
of  fishing  to  the  use  of  citizens  of  the  United  States  upon 
making  just  compensation,  which  compensation,  when 
lawfully  ascertained,  shall  be  paid  out  of  any  money  in 
the  treasury  of  the  Territory  of  Hawaii  not  otherwise 
appropriated. 

280.  Wharves,  harbors,  pilots. 

That  there  shall  be  a  superintendent  of  public  works,  ^p^'-  ;\0'  i^oo. 
who  shall  have  the  powers  and  duties  of  the  superin-   ^^^'  ^"^^ 
tendent  of  public  works  and  those  of  the  powers  and 
duties  of  the  minister  of  the  Interior  which  relate   to 
*    *    *    harbor  improvements,  wharves,  landings,    *    *    * 


244  NAVIGATIOIT   LAWS    OF   THE   Ul^ITED   STATES. 

explosives,  eminent  domain,  public  works,  *  *  * 
buildings,  *  *  "  now  under  the  control  and  man- 
agement of  the  minister  of  the  interior,  and  those  of 
the  powers  and  duties  of  the  minister  of  finance  and 
collector-general  which  relate  to  pilots  and  harbor  mas- 
ters under  the  laws  of  Hawaii,  except  as  changed  by  this 
Act  and  subject  to  modification  by  the  legislature. 

Sec.  89.  Until    further    provision    is    made    by    Congress    the 

wharves  and  landings  constructed  or  controlled  Iw  the 
Eepublic  of  Hawaii  on  any  seacoast,  bay,  roadstead,  or 
harbor  shall  remain  under  the  control  of  the  government 
of  the  Territory  of  Haw^aii,  which  shall  receive  and  enj.oy 
all  revenues  derived  therefrom,  on  condition  that  said 
property  shall  be  kept  in  good  condition  for  the  use  and 
convenience  of  commerce,  but  no  tolls  or  charges  shall 
be  made  by  the  government  of  the  Territory  of  Hawaii 
for  the  use  of  any  such  property  by  the  United  States, 
or  by  any  vessel  of  war,  tug,  revenue  cutter,  or  other  boat 
or  transport  in  the  service  of  the  United  States. 
281.   Sfamen's  laws. 

Apr  30, 1900.  Provided^  That  no  suit  or  proceedings  shall  be  main- 
tained for  the  specific  performance  of  any  contract  here- 
tofore or  hereafter  entered  into  for  personal  labor  or 
service,  nor  shall  any  remedy  exist  or  be  enforced  for 
breach  of  any  such  contract,  except  in  a  civil  suit  or  pro- 
ceeding instituted  solely  to  recover  damages  for  such 
breach:  Provided  further^  That  the  provisions  of  this 
section  shall  not  modify  or  change  the  laws  of  the  United 
States  applicable  to  merchant  seamen. 


Part  XXI.— TEADE  WITH  POETO  EICO. 


282.  General  provisions. 

283.  Registry  of  vessels  and  coasting 

trade. 


284.  Quarantine  and  public  health. 

285.  Harbors  and  navigable  waters. 

286.  Wharves  and  piers. 


282.    General  provisions. 

The  Secretary  of  the  Treasury  shall  designate  the  sev- 
eral ports  and  subports  of  entry  in  Porto  Eico  and  shall 
make  such  rules  and  regulations  and  appoint  such  agents 
as  may  be  necessary  to  collect  the  duties  and  taxes  author- 
ized to  be  levied,  collected,  and  paid  in  Porto  Eico  by 
the  provisions  of  this  Act,  and  he  shall  fix  the  compen- 
sation and  provide  for  the  payment  thereof  of  all  such 
officers,  agents,  and  assistants  as  he  may  find  it  necessary 
to  employ  to  carry  out  the  provisions  hereof:  Provicled^ 


Apr.  12,  1900. 
Sec.  4. 


liowever.  That  as  soon  as  a  civil 


government 


for  Porto 


Eico  shall  have  been  organized  in  accordance  with  the 
provisions  of  this  Act  and  notice  thereof  shall  have  been 
given  to  the  President  he  shall  make  proclamation  thereof, 
and  thereafter  all  collections  of  duties  and  taxes  in  Porto 
Eico  under  the  provisions  of  this  Act  shall  be  paid  into 
the  treasury  of  Porto  Eico,  to  be  expended  as  required  by 
law  for  the  government  and  benefit  thereof  instead  of  be- 
ing paid  into  the  Treasury  of  the  United  States. 

The  laws  and  ordinances  of  Porto  Eico  now  in  force  See.  8. 
shall  continue  in  full  force  and  effect,  except  as  altered, 
amended,  or  modified  hereinafter,  or  as  altered  or  modi- 
fied by  military  orders  and  decrees  in  force  when  this  Act 
shall  take  effect,  and  so  far  as  the  same  are  not  inconsist- 
ent or  in  conflict  with  the  statutory  laws  of  the  United? 
States  not  locally  inapplicable,  or  the  provisions  hereof, 
until  altered,  amended,  or  repealed  by  the  legislative 
authority  hereinafter  provided  for  Porto  Eico  or  by  Act 
of  Congress  of  the  United  States: 

The  statutory  laws  of  the  United  States  not  locally  in-  Sec.  14. 
applicable,  except  as  hereinbefore  or  hereinafter  other- 
wise provided,  shall  have  the  same  force  and  effect  in 
Porto  Eico  as  in  the  United  States,  except  the  internal- 
revenue  laws,  which,  in  view  of  the  provisions  of  section 
three,  shall  not  have  force  and  effect  in  Porto  Eico. 
283.   Eegistry  of  vessels  and  coasting-  trade. 

The  Commissioner  of  NaA^igation  shall  make  such  regu-  ^p^-  12, 1900. 
lations,  subject  to  the  approval  of  the  Secretary  of  Com-  ^^^  \^  ^^^^ 
merce  and  Labor,  as  he  may  deem  expedient  for  the  sec.  lo.' 

245 


246  KAVIGATION    LAWS    OF    THE   UNITED    STATES. 

nationalization  of  all  vessels  owned  by  the  inhabitants  of 
Porto  Rico  on  the  eleventh  day  of  April,  eighteen  hun- 
dred and  ninety-nine,  and  which  continued  to  be  so  owned 
up  to  the  date  of  such  nationalization,  and  for  the  admis- 
sion of  the  same  to  all  the  benefits  of  the  coasting  trade  of 
the  United  States ;  and  the  coasting  trade  between  Porto 
Rico  and  the  United  States  shall  be  regulated  in  accord- 
ance with  the  provisions  of  law  applicable  to  such  trade 
between  any  two  great  coasting  districts  of  the  United 
States.     [See  paragraph  175,  page  161.] 

284.  Quarantine  and  public  health. 

Apr.  12, 1900.  Quarantine  stations  shall  be  established  at  such  places 
July  1,  1902.  ii^  Porto  Rico  as  the  Surgeon  General  of  the  Public 
Health  and  Marine-Hospital  Service  of  the  United  States 
shall  direct,  and  the  quarantine  regulations  relating  to  the 
importation  of  diseases  from  other  countries  shall  be 
under  the  control  of  the  Government  of  the  United  States. 

285.  Harbors  and  navig-able  waters. 

Apr.  12, 1900.       \i\  property  which  may  have  been  acquired  in  Porto 
Sec.  13.  Eico  by  the  United  States  under  the  cession  of  Sixain  in 

said  treaty  of  peace  in  any  public  bridges,  road  houses, 
water  powers,  highvraA^s,  unnavigable  streams,  and  the 
beds  thereof,  subterranean  waters,  mines,  or  minerals 
under  the  surface  of  private  lands,  and  all  property  which 
at  the  time  of  the  cession  belonged,  under  the  laws  of 
Spain  then  in  force,  to  the  various  harbor-works  boards 
of  Porto  Rico,  and  all  the  harbor  shores,  docks,  slips,  and 
reclaimed  lands,  but  not  including  harbor  areas  or  naviga- 
ble Avaters,  is  hereby  placed  under  the  control  of  the  Gov- 
ernment established  by  this  Act  to  be  administered  for 
the  benefit  of  the  people  of  Porto  Rico ;  and  the  legisla- 
tive assembly  hereby  created  shall  have  authority,  subject 
to  the  limitations  imposed  upon  all  its  acts,  to  legislate 
with  respect  to  all  such  matters  as  it  may  deem  advisable. 
July  1,  1902.  The  President  be,  and  he  is  hereby,  authorized  to  make, 
within  one  year  after  the  approval  of  this  Act,  such  res- 
ervation of  public  lands  and  buildings  belonging  to  the 
United  States  in  the  ifsland  of  Porto  Rico,  for  military, 
naval,  light-house,  marine-hospital,  post-offices,  custom- 
houses. United  States  courts,  and  other  public  purposes, 
as  he  may  deem  necessary,  and  all  the  public  lands  and 
buildings,  not  including  harbor  areas  and  navigable 
streams  and  bodies  of  water  and  the  submerged  lands  un- 
derlying the  same,  owned  by  the  United  States  in  said 
island  and  not  so  reserved  be,  and  the  same  are  hereby, 
granted  to  the  government  of  Porto  Rico,  to  be  held  or 
disposed  of  for  the  use  and  benefit  of  the  people  of  said 
island :  Provided^  That  said  grant  is  upon  the  express  con- 
dition that  the  government  of  Porto  Rico,  bv  proper  au- 
thority, release  to  the  United  States  any  interest  or  claim 
it  may  have  in  or  upon  the  lands  or  buildings  reserved  by 
the  President  under  the  provisions  of  this  Act:  A?id  pro- 


June  11,  190G. 


Sec.  3. 


PAKT   XXI. TEADE    WITH    POETO   EICO.  247 

vided  further^  That  nothing  herein  contained  shall  be  so 
construed  as  to  affect  any  legal  or  equitable  rights  ac- 
quired by  the  government  of  Porto  Eico  or  by  any  other 
party,  under  any  contract,  lease,  or  license  made  by  the 
United  States  authorities  prior  to  the  first  day  of  May, 
nineteen  hundred. 
286.   Wharves  and  piers. 

The  Secretary  of  War  be,  and  he  is  hereby,  empowered, 
subject  to  the  restrictions  and  under  the  conditions  here- 
inafter mentioned,  to  authorize  the  construction,  exten- 
sion, and  maintenance  of  any  wharf,  pier,  dolphin,  boom, 
weir,  breakwater,  sea  wall,  bulkhead,  jetty,  or  other 
structure  on  any  of  the  lands  belonging  to  the  United 
States  which  underlie  the  harbor  areas  and  navigable 
streams  and  bodies  of  waters  in  or  surrounding  Porto 
Sico  and  the  islands  adjacent  thereto  and  the  filling  in 
and  dredging  of  such  lands. 

***** 

All  authorizations  granted  b}^  the  Secretary  of  War  for 
any  such  construction,  extension,  or  maintenance 
"   *  *  *  *  * 

(b)  Shall  be  subject  to  alteration,  amendment,  or 
repeal  by  Congress ; 

(c)  Shall  provide  that  the  wharfage  fees  and  charges 
for  vessels,  for  passengers,  and  for  goods  loaded  or  dis- 
cliarged  on,  from,  at,  or  over  any  such  structure,  and  for 
approach  and  entry  to  any  such  structure,  shall  be  no 
greater  than  are  just,  reasonable,  and  fairly  remunerative, 
and  for  that  purpose  shall  at  all  times  be  subject  to  regu- 
lation and  revision  by  the  said  Secretary  of  War;  that 
such  fees  and  charges  shall  be  the  same  for  all  persons, 
and  all  persons  shall  have  equal  right  to  approach,  enter, 
and  use  the  said  structure,  subject  to  such  reasonable 
rules  and  regidations  as  the  grantee  thereof  may  estab- 
lish, all  of  which  rules  and  regulations  shall  be  subject  to 
revision  by  the  Secretar;v  of  War: 

*  *  *  *  * 

(g)  That  the  said  structure  shall  not  be  sublet,  sold, 
transferred,  or  assigned,  nor  shall  the  authorization  there- 
for be  granted,  sold,  transferred,  or  assigned  without  the 
consent  of  the  Secretary  of  A¥ar,  nor  in  any  case  to  a  per- 
son engaged,  directly  or  indirectly,  in  the  same  line  of 
business,  in  the  same  harbor  area,  navigable  stream,  or 
body  of  water,  and  that  any  grant,  subletting,  sale,  trans- 
fer, or  assignment  in  violation  hereof  shall  be  null  and 
void ; 

(h)  That  any  and  all  vessels  owned  or  chartered  by  the 
United  States 'Government  shall  in  case  of  any  emer- 
gency, or  in  time  of  war,  have  prior  right,  free  of  charge, 
to  the  use  of  any  such  structure;  and 

(i)  Shall  contain  such  further  restrictions  as  the  Secre- 
tary of  A^^ar  may  see  fit  to  impose  therein. 

****•- 


Part  XXII.— TEADE  WITH  THE  PHILIPPINES. 


287.  Treaty  of  ])eace.  290.   Tariff  and  internal  revenue. 

288.  General  provisions.  291.  Aids  to  navigation  and  commerce. 

289.  Vessels  and  coasting  trade. 

287.  Treaty  of  peace. 

Apr.  11, 1899.  Spain  cedes  to  the  United  States  the  archipelago  known 
as  the  Philippine  Islands.  [Article  III,  Treaty  of  Paris, 
Dec.  10,  1898,  proclaimed  Apr.  11,  1899.] 

The  United  States  will,  for  the  term  of  ten  years  from 
the  date  of  the  exchange  of  the  ratifications  of  the  present 
treaty,  admit  Spanish  ships  and  merchandise  to  the  ports 
of  the  Philippine  Islands  on  the  same  terms  as  ships  and 
merchandise  of  the  United  States.  [Article  IV,  Treaty  of 
Paris,  Dec.  10,  1898,  proclaimed  Apr.  11,  1899.] 

288.  General  iDrovisions. 

July  1,  1902.  The  action  of  the  President  of  the  United  States  in 
creating  the  Philippine  Commission  and  authorizing  said 
Commission  to  exercise  the  powers  of  government  to  the 
extent  and  in  the  manner  and  form  and  subject  to  the 
regulation  and  control  set  forth  in  the  instructions  of 
the  President  to  the  Philippine  Commission,  dated  April 
seventh,  nineteen  hundred,  and  in  creating  the  offices  of 
civil  governor  and  vice-governor  of  the  Philippine  Is- 
lands, and  authorizing  said  civil  governor  and  vice-gov- 
ernor to  exercise  the  powers  of  government  to  the  extent 
and  in  the  manner  and  form  set  forth  in  the  Executive 
order  dated  June  twentj^-first,  nineteen  hundred  and  one, 
and  in  establishing  four  executive  departments  of  govern- 
ment in  said  Islands  as  set  forth  in  the  Act  of  the  Philip- 
pine Commission,  entitled  "An  Act  providing  an 
organization  for  the  departments  of  the  interior,  of  com- 
merce and  police,  of  finance  and  justice,  and  of  public 
instruction,''  enacted  September  sixth,  nineteen  hundred 
and  one,  is  hereby  approved,  ratified,  and  confirmed,  and 
until  otherwise  provided  by  law  the  said  Islands  shall 
continue  to  be  governed  as  thereby  and  herein  provided, 
and  all  laws  passed  hereafter  by  the  Philippine  Commis- 
sion shall  have  an  enacting  clause  as  follows :  "  B}^ 
authority  of  the  United  States  be  it  enacted  by  the 
Philippine  Commission."  The  provisions  of  section  eight- 
een hundred  and  ninety-one  of  the  Revised  Statutes  of 
eighteen  hundred  and  seventy-eight  shall  not  apply  to  the 
Philippine  Islands. 

Future  appointments  of  civil  governor,  vice-governor, 
members  of  said  Commission  and  heads  of  executive  de- 
partments shall  be  made  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate. 
248 


PART   XXII. TRADE   WITH   THE   PHILIPPINES.  249 

The  President  of  the  United  States,  during  such  time  s*'<^-  3- 
as  and  Avhenever  the  sovereignty  and  authority  of  the 
United  States  encounter  armed  resistance  in  the  Philip- 
pine Islands,  until  otherwise  provided  by  Congress,  shall 
continue  to  regulate  and  control  commercial  intercourse 
with  and  within  said  Islands  by  such  general  rules  and 
regulations  as  he,  in  his  discretion,  may  deem  most  con- 
ducive to  the  23ublic  interests  and  the  general  welfare. 

The  duties  and  taxes  collected  in  the  Philippine  Archi-   ^a^.  8,  1902. 
pelago  in  pursuance  of  this  Act,  and  all  duties  and  taxes   ^^^"  ■** 
collected  in  the  United  States  upon  articles  coming  from 
the   Philippine   Archipelago   and   upon   foreign   vessels 
coming  therefrom,  shall  not  be  covered  into  the  general 
fund  of  the  Treasury  of  the  United  States,  but  shall  be 
lield  as  a  separate  fund  and  paid  into  the  treasury  of  the 
Philippine  Islands,  to  be  used  and  expended  for  the  gov- 
ernment and  benefit  of  said  islands. 
289.   Vessels  and  coasting-  trade. 

Until  Congress  shall  have  authorized  the  registry  as  Apr.  29, 1908. 
vessels  of  the  United  States  of  vessels  owned  in  the  Philip- 
pine Islands,  the  government  of  the  Philippine  Islands  is 
hereby  authorized  to  adopt,  from  time  to  time,  and  en- 
force regulations  governing  the  transportation  of  mer- 
chandise and  passengers  betAveen  ports  or  places  in  the 
Philippine  Archipelago. 

On  and  after  the  passage  of  this  Act  the  same  tonnage  see.  2. 
taxes  shall  be  levied,  collected,  and  paid  upon  all  foreign 
vessels  coming  into  the  United  States  from  the  Philippiue 
Islands  which  are  required  by  law  to  be  levied,  collected, 
and  paid  upon  vessels  coming  into  the  United  States  from 
foreign  countries. 

The  provisions  of  law  restricting  to  vessels  of  the  ^'^^-  2* 
United  States  the  transportation  of  passengers  and  mer- 
chandise directly  or  indirectly  from  one  port  of  the 
United  States  to  another  port  of  the  United  States  shall 
not  be  applicable  to  foreign  vessels  engaging  in  trade 
between  the  Philippine  Islands  and  the  United  States. 

The  Philippine  Commission  shall  be  authorized  and  see.  4. 
empowered  to  issue  licenses  to  engage  in  lighterage  or 
other  exclusively  harbor  business  to  vessels  or  other  craft 
actually  engaged  in  such  business  at  the  date  of  the  pas- 
sage of  this  Act  and  to  vessels  or  other  craft  built  in  the 
Philippine  Islands  or  in  the  United  States  and  owned  by 
citizens  of  the  United  States  or  by  inhabitants  of  the  Phil- 
ippine Islands. 

"  Such  of  the  navigation  laws  of  the  United  States  as  are  ^^c.  5. 
in  force  in  the  Philippine  Islands  in  regard  to  vessels  arriv- 
ing in  the  Philippine  Islands  from  the  mainland  territory 
and  other  insular  possessions  of  the  United  States  shall 
continue  to  be  administered  by  the  proper  officials  of  the 
government  of  the  Philippine  Islands. 

The  laws  relating  to  entry,  clearance,  and  manifests  of   ^fj^^  ^^*^^- 
steamships  and  other  vessels  arriving  from  or  going  to 


250  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

foreign  ports  shall  apply  to  voyages  each  wa}^  between 
the  Philippine  Islands  and  the  United  States  and  the 
possessions  thereof,  and  all  laws  relating  to  the  collection 
and  protection  of  customs  duties  not  inconsistent  with  the 
Act  of  Congress  of  March  eighth,  nineteen  hundred  and 
two,  "  temporarily  to  provide  revenue  for  the  Philippine 
Islands,"  shall  apply  in  the  case  of  vessels  and  goods  ar- 
riving from  said  Islands  in  the  United  States  and  its 
aforesaid  possessions. 

The  laws  relating  to  seamen  on  foreign  voyages  shall 
apply  to  seamen  on  vessels  going  from  the  United  States 
and  its  possessions  aforesaid  to  said  Islands,  the  customs 
officers  there  being  for  this  purpose  substituted  for  consu- 
lar officers  in  foreign  ports. 

The  provisions  of  chapters  six  and  seven,  [R.  S.,  4252- 
4292]  title  forty-eight,  Eevised  Statutes,  so  far  as  now  in 
force,  and  any  amendments  thereof,  shall  apply  to  vessels 
making  voyages  either  way  between  ports  of  the  United 
States  or  its  aforesaid  possessions  and  ports  in  said 
Islands;  and  the  provisions  of  law  relating  to  the  public 
health  and  quarantine  shall  apply  in  the  case  of  all  vessels 
entering  a  port  of  the  United  States  or  its  aforesaid  pos- 
sessions from  said  Islands,  where  the  customs  officers  at 
the  port  of  departure  shall  perform  the  duties  required 
b}"  such  law  of  consular  officers  in  foreign  ports. 

Section  three  thousand  and  five.  Revised  Statutes,  as 
amended,  and  other  existing  laws  concerning  the  transit 
of  merchandise  through  the'United  States,  shall  apply  to 
merchandise  arriving  at  any  port  of  the  United  States 
destined  for  any  of  its  insular  and  continental  possessions, 
or  destined  from  any  of  them  to  foreign  countries. 

Kothing  in  this  Act  shall  be  held  to" repeal  or  alter  anv 
part  of  the  Act  of  March  eighth,  nineteen  hundred  and 
two,  aforesaid,  or  to  apply  to  Guam.  Tutuila,  or  Manua, 
except  that  section  eight  of  an  Act  entitled  "An  Act  to 
revise  and  amend  the  tariff  laws  of  the  Philippine  Archi- 
pelago, enacted  by  the  Philippine  Commission  on  the 
seventeenth  of  September,  nineteen  hundred  and  one,  and 
approved  by  an  Act  entitled  "An  Act  temporarily  to  pro- 
vide revenues  for  the  Philippine  Islands,  and  for  other 
purposes,"  approved  March  eighth,  nineteen  hundred  and 
two,  is  hereby  amended  so  as  to  authorize  the  Civil  Gov- 
ernor thereof  in  his  discretion  to  establish  the  equivalent 
rates  of  the  money  in  circulation  in  said  Islands  with  the 
money  of  the  United  States  as  often  as  once  in  ten  days. 

S90.    Tariff  and  internal  revenue. 

The  provisions  of  an  Act  entitled  "An  Act  to  revise  and 
amend  the  tariff  laws  of  the  Philippine  Archipelaao." 
enacted  by  the  United  States  Philippine  Commission'  on 
the  seventeenth  day  of  September,  nineteen  hundred  and 
one,  shall  be  and  remain  in  full  force  and  effect,  and  there 
shall  be  levied,  collected,  and  paid  upon  all  articles  com- 
ing into  the  Philippine  Archipelago  from   the  United 


Mar.  8,  1902. 


PART   XXII. TRADE   WITH    THE   PHILIPPINES.  251 

States  the  rates  of  duty  which  are  required  by  the  said 
Act  to  be  levied,  collected,  and  paid  upon  like  articles 
imported  from  foreign  countries  into  said  archipelago. 

On  and  after  the  passage  of  this  Act  there  shall  l^e  s^^-  2. 
levied,  collected,  and  paid  upon  all  articles  coming  into 
the  United  States  from  the  Philippine  Archipelago  the 
rates  of  duty  which  are  required  to  be  levied,  collected, 
and  paid  upon  like  articles  imported  from  foreign  coun- 
tries: Provided,  That  upon  all  articles  the  gro\yth  and 
product  of  the  Philippine  Archipelago  coming  into  the 
United  States  from  the  Philippine  Archipelago  there 
shall  be  levied,  collected,  and  paid  only  seventy-five  per 
centum  of  the  rates  of  duty  aforesaid:  And  provided 
further,  That  the  rates  of  duty  which  are  required  hereby 
to  be  levied,  collected,  and  paid  upon  products  of  the 
Philippine  Archipelago  coming  into  the  United  States 
shall  be  less  any  duty  or  taxes  levied,  collected,  and  paid 
thereon  upon  the  shipment  thereof  from  the  Philippine 
Archipelago,  as  provided  by  the  Act  of  the  United  States 
Philippine  Commission  referred  to  in  section  one  of  this 
Act,  under  such  rules  and  regulations  as  the  Secretary  of 
the  Treasury  may  prescribe,  but  all  articles,  the  growth 
and  product  of  the  Philippine  Islands,  admitted  into  the 
ports  of  the  United  States  free  of  duty  under  the  pro- 
visions of  this  Act  and  coming  directly  from  said  islands 
to  the  United  States  for  use  and  consumption  therein, 
shall  be  hereafter  exempt  from  any  export  duties  imposed 
in  the  Philippine  Islands. 

All  articles  manufactured  in  bonded  manufacturing  ^^<^-  «• 
warehouses  in  whole  or  in  part  of  imported  materials,  or 
of  materials  subject  to  internal-revenue  tax  and  intended 
for  shipment  from  the  United  States  to  the  Philippine 
Islands,  shall,  when  so  shipped,  under  such  regulations  as 
the  Secretary  of  the  Treasury  may  prescribe,  be  exempt 
from  internal-revenue  tax,  and  shall  not  be  charged  with 
duty  except  the  duty  levied  under  this  Act  upon  imports 
into  the  Philippine  Islands. 

All  articles  subject  under  the  laws  of  the  United  States 
to  internal-revenue  tax,  or  on  which  the  internal -revenue 
tax  has  been  paid,  and  which  may  under  existing  laws 
and  reo-iilations  be  exported  to  a  foreign  country  without 
the  pavment  of  such  tax,  or  with  benefit  of  drawback,  as 
the  case  may  be,  may  also  be  shipped  to  the  Philippine 
Islands  with  like  privilege,  under  such  regulations  and 
the  filing  of  such  bonds,  bills  of  lading,  and  other  secu- 
rity as  the  Commissioner  of  Internal  Revenue  may,  with 
the  approval  of  the  Secretary  of  the  Treasury,  prescribe. 
And  all  taxes  paid  upon  such  articles  shipped  to  the  Phil- 
ippine Islands  since  November  fifteenth,  nineteen  hun- 
dred and  one,  under  the  decision  of  the  Secretary  of  the 
Treasury  of  that  date,  shall  be  refunded  to  the  parties 
who  have  paid  the  same,  under  such  rules  and  regulations 
as  the  Secretaiw  of  the  Treasury  may  prescribe,  and  a 
sum  sufficient  to  make  such  payment  is  hereby  appro- 


252  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

priated,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated. 

Where  materials  on  which  duties  have  been  paid  are 
used  in  the  manufacture  of  articles  manufactured  or  pro- 
duced in  the  United  States,  there  shall  be  allowed  on  the 
shipment  of  said  articles  to  the  Philippine  Archipelago  a 
drawback  ecjual  in  amount  to  the  duties  paid  on  the  mate- 
rials used,  less  one  per  centum  of  such  duties,  under  such 
rules  and  regulations  as  the  Secretaiy  of  the  Treasur}^ 
may  prescribe. 

Sec.  7.  Tslerchandise  in  bonded  warehouse  or  otherwise  in  the 

custody  and  control  of  the  oflicers  of  the  customs,  upon 
which  duties  have  been  paid,  shall  be  entitled,  on  ship- 
ment to  the  Philippine  Islands  within  three  j^ears  from 
the  date  of  the  original  arrival,  to  a  return  of  the  duties 
paid  less  one  per  centum,  and  merchandise  upon  which 
duties  have  not  been  paid  may  be  shipped  without  the 
payment  of  duties  to  the  Philippine  Islands  within  said 
period,  under  such  rules  and  regulations  as  may  be  pre- 
scribed by  the  Secretary  of  the  Treasury. 

Sec.  8.  The  provisions  of  the  Act  entitled  ''An  Act  to  simplify 

the  laws  in  relation  to  the  collection  of  revenues,"  ap- 
proved June  tenth,  eighteen  hundred  and  ninety,  as 
amended  by  an  Act  entitled  "An  Act  to  provide  for 
the  Government  and  to  encourage  the  industries  of  the 
United  States,"  approved  July  twenty-fourth,  eighteen 
hundred  and  ninety-seven,  shall  apply  to  all  articles  com- 
ing into  the  United  States  from  the  Philippine  Archi- 
pelago. 

July  1,  1902.  ji^^  action  of  the  President  of  the  United  States  here- 
tofore taken  by  virtue  of  the  authority  vested  in  him  as 
Commander  in  Chief  of  the  Army  and  Navy,  as  set  forth 
in  his  order  of  July  twelfth,  eighteen  hundred  and  ninety- 
eight,  whereby  a  tarilt'  of  duties  and  taxes  as  set  forth  by 
said  order  was  to  be  levied  and  collected  at  all  ports  and 
places  in  the  Philippine  Islands  upon  passing  into  the 
occupation  and  possession  of  the  forces  of  the  United 
States,  together  with  the  subsequent  amendments  of  said 
order,  are  hereby  approved,  ratified,  and  confirmed,  and 
the  actions  of  the  authorities  of  the  government  of  the 
Philippine  Islands,  taken  in  accordance  with  the  provi- 
sions of  said  order  and  subsequent  amendments,  are 
hereby  approved:  Provided^  That  nothing  contained  in 
this  section  shall  be  held  to  amend  or  repeal  an  Act  en- 
titled "An  Act  temporarily  to  provide  revenue  for  the 
Philippine  Islands,  and  for  other  purposes,"  approved 
March  eighth,  nineteen  hundred  and  two. 

291.   Aids  to  navig-ation  and  commerce. 
July  1,  1902.       The  government  of  the  Philippine  Islands  is  hereby 
^^^-  ^^'  authorized  to  provide  for  the  needs  of  commerce  by  im- 

proving the  harbors  and  navigable  waters  of  said  islands 
and  to  construct  and  maintain  in  said  navigable  waters 
and  upon  the  shore  adjacent  thereto  bonded  warehouses, 


Sec 


PART   XXIT. THADE   WITH   THE   PHILIPPINES.  253 

wharves,  piers,  lioht-hoiises,  signal  and  life-saving  sta- 
tions, buoys,  and  like  instruments  of  commerce,  and  to 
adopt  and  enforce  regulations  in  regard  thereto,  inciud- 
ino- bonded  warehouses  wherein  articles  not  intended  to  be 
in^ported  into  said  islands  nor  mingled  with  the  property 
therein,  but  brought  into  a  port  of  said  islands  for  re- 
shipment  to  another  country,  may  be  deposited  m  bond 
and  reshipped  to  another  country  without  the  payment 
of  customs  duties  or  charges. 


Part  XXIII.— TRADE  WITH  ALASKA. 


292.  Coasting  laws.  297.   rrocedure. 

293.  Firearms  and  liquor.  298.   Pribilot    St.    Paul,    St.    George, 

294.  Special      licenses,      and      wharf  V/alrus,  and  Otter  islands,  and 

charges.  Sea  Lion  Rock. 

295.  Transfer  of  cargo.  299.    Transit  in  bond. 

296.  Yukon  and  Stickine  river  trade.  300.   Crimes  and  penalties. 

292.  Coasting  laws. 

R.  s.,  1954.  ^]^g  jrj^g  Qf  ^-j^Q  United  States  relating  to  customs,  com- 
merce and  navigation  are  extended  to  and  over  all  the 
mainland,  islands,  and  waters  of  the  territory  ceded  to  the 
United  States  by  the  Emperor  of  Kus.sia  by  treaty  con- 
cluded at  Washington  on  the  thirtietli  day  of  March, 
anno  Domini  eighteen  hundred  and  sixty-seven,  so  far 
as  the  same  may  be  applicable  thereto. 

R.  s.,  4358.  rYYie  coasting-trade  between  the  territory  ceded  to  the 
United  States  by  the  Emperor  of  Kussia  and  any  other 
portion  of  the  United  States  shall  be  regulated  in  accord- 
ance with  the  provisions  of  law  applicable  to  such  trade 
between  any  two  great  districts.  [See  paragraph  173, 
page  158.] 

293.  Firearms  and  liquor. 

se^!  142.  I^  ^^y  person  shall,  without  the  authority  of  the  United 

States,  or  some  authorized  officer  thereof,  sell,  barter,  or 
give  to  any  Indian  or  half-breed  who  lives  and  associates 
with  Indians  any  firearms  or  ammunition  therefor  what- 
ever, or  any  spirituous,  malt,  or  vinous  liquor,  such  per- 
son, upon  conviction  thereof,  shall  be  punished  by  impris- 
onment in  the  county  jail  not  less  than  two  months  nor 
more  than  six  months,  or  by  fine  not  less  than  one  nor 
more  than  five  hundred  dollars.  That  the  term  "  Indian  " 
in  this  Act  shall  be  so  construed  as  to  include  the  aborig- 
inal races  inhabiting  Alaska  when  annexed  to  the  United 
States,  and  their  descendants  of  the  whole  or  half  blood. 

294.  Special  licenses,  and  wharf  charges. 

Mar.  3.  1890.  j\j^j  pej-con  or  persons,  corporation  or  company  pros- 
^^'  '  ecuting  or  attempting  to  prosecme  .my  of  the  following 
lines  of  business  within  the  District  of  Alaska  shall  first 
apply  for  and  obtain  license  so  to  do  from  a  district  court 
or  a  subdivision  thereof  in  said  District,  and  pay  for  said 
license  for  the  respective  lines  of  business  and  trade  as 
follows,  to  wit: 

Freight  and  passenger  transportation  lines,  propelled 
by  mechanical  power  on  inland  ^^  aters,  one  dollar  per  ton 

254 


PART   XXIII. TEADE    WITH   ALASKA. 


255 


per  annum  on  net  tonnage,  custom-house  measurement,  of 
each  vessel. 

Public  docks,  wharves,  and  warehouses,  one  hundred 
dollars  per  annum. 

Ships  and  shipping:  Ocean  and  coastwise  vessels  doing 
local  business  for  hire  plying  in  Alaskan  waters,  one  dol- 
lar per  ton  per  annum  on  net  tonnage,  custom-house  meas- 
urement, of  each  vessel. 

Hereafter  the  Secretary  of  the  Treasury  be  authorized 
to  charge  and  fix  the  rates  of  dockage  and  wharfage  to  be 
paid  by  any  private  vessel  or  person  allowed  to  use  said 
wharf,  the  said  receipts  to  be  deposited  with  the  Treas- 
urer of  the  United  States  as  a  miscellaneous  receipt  de- 
rived from  Government  property;  and  the  Secretary  of 
the  Treasury  shall  direct,  by  regulation  or  otherwise,  by 
whom  said  wharfage  and  dockage  receipts  shall  be  col- 
lected. 

295.  Transfer  of  cargo. 

[See  paragraph  249,  page  226.] 

296.  Yukon  and  Stickine  river  trade. 

AVlienever  merchandise  is  imported  into  the  United 
States  by  sea  for  immediate  exportation  to  a  foreign  port 
by  sea,  or  by  a  river,  the  right  to  ascend  or  descend  which 
for  the  purposes  of  commerce  is  secured  by  treaty  to  the 
citizens  of  the  United  States  and  the  subjects  of  a  foreign 
power,  the  Secretary  of  Commerce  and  Labor  is  hereby 
authorized  to  prescribe  regulations  for  the  transshipment 
and  transportation  of  such  merchandise. 

297.  Procedure. 

In  all  cases  of  fine,  penalty,  or  forfeiture,  embraced  in 
the  act  approved  ^Nlarch  three,  seventeen  hundred  and 
ninety -seven,  chapter  thirteen  [E.  S.,  5292],  or  mentioned 
in  any  act  in  addition  to  or  amendatory  of  such  act, 
that  have  occurred  or  may  occur  in  the  collection 
district  of  Alaska,  the  Secretary  of  the  Treasury  is 
authorized,  if  in  his  opinion  the  fine,  penalty  or  forfeiture 
was  incurred  without  wilful  negligence  or  intention  of 
fraud,  to  ascertain  the  facts  in  such  manner  and  under 
such  regulations  as  he  may  deem  proper  without  regard 
to  the  provisions  of  the  act  above  referred  to,  and  upon 
the  facts  so  to  be  ascertained,  he  may  exercise  all  the 
power  of  remission  conferred  upon  him  by  that  act,  as 
fully  as  he  might  have  done  had  such  facts  been  ascer- 
tained under  and  according  to  the  provisions  of  that  act. 
[Sec.  10,  act  of  Feb.  14.  1903.  authorizes  the  Secretary  of 
Commerce  and  Labor  to  remit  in  certain  cases  above.] 

298.  Pribilof.    Saint   Paul,    Saint    Georg-e,    Walrus,    and    Otter 
islands,  and  Sea  Lion  Kock. 

The  Pribilof  Islands,  including  the  islands  of  Saint 
Paul  and  Saint  George,  Walrus  and  Otter  Islands,  and 
Sea  Lion  Rock,  in  Alaska, . are  declared  a  special  reserva- 
tion for  government  purposes;  and  until  otherwise  pro- 


June  11, 1896. 
Feb.  14,  1903. 
Sec.  10. 


Feb.  17,  1898. 
Sec.  3. 


Feb.  14,  1903. 
Sec.  10. 


R.  S.,  19ns. 
Mar.  3,  1S90. 
Sec.  175. 


Feb.  14,  1903. 
Sec.  10. 


R.  S.,  1959. 


Mar.  3,  1899. 
Sec.  176. 
Feb.  14,  1903. 
Sec.  7. 

Apr.  1:1.  1910. 
Sec.  5. 


256  NAVIGATION   LAWS    OF   THE    UNITED   STATES. 

vided  by  law  it  shall  be  unlawful  for  any  person  to  land 
or  remain  on  any  of  those  islands,  except  through  stress 
of  weather  or  like  unavoidable  cause  or  by  the  authority 
of  the  Secretary  of  Commerce  and  Labor;  and  any  per- 
son found  on  any  of  those  islands  contrary  to  the  pro- 
visions hereof  shall  be  summarily  removed  and  shall  be 
deemed  guilty  of  a  misdemeanor,  punishable  by  fine  not 
exceeding  five  hundred  dollars  or  by  imprisonment  not 
exceeding  six  months,  or  by  both  fine  and  imprisonment ; 
and  it  shall  be  the  duty  of  the  Secretary  of  Commerce  and 
Labor  to  carry  this  section  into  effect. 

299.  Transit  in  bond. 

May  14, 1898.      Under  rules  and  regulations  to  be  prescribed  by  the 
Sec.  14.  Secretary    of   the   Treasury,   the    privilege    of   entering 

goods,  Avares,  and  merchandise  in  bond  or  of  placing  them 
in  bonded  warehouses  at  any  of  the  ports  in  the  District 
of  Alaska,  and  of  withdrawing  the  same  for  exportation 
to  any  place  in  British  Columbia  or  the  Northwest  Terri- 
tory without  payment  of  duty,  is  hereby  granted  to  the 
Government  of  the  Dominion  of  Canada  and  its  citizens 
or  citizens  of  the  United  States  and  to  persons  who  have 
declared  their  intention  to  become  such  whenever  and  so 
long  as  it  shall  appear  to  the  satisfaction  of  the  President 
of  the  United  States,  who  shall  ascertain  and  declare  the 
fact  by  iDroclamation,  that  corresponding  privileges  have 
been  and  are  being  granted  by  the  Government  of  the 
Dominion  of  Canada  in  respect  of  goods,  wares  and  mer- 
chandise passing  through  the  territory  of  the  Dominion 
of  Canada  to  any  point  in  the  District  of  Alaska  from 
any  point  in  said  District. 

300.  Crimes  and  penalties. 

Mar.  3,  1899.       If  any  person  shall  willfully  cast  away,  burn,  sink,  or 

Sec.  56.  otherwise  destroy  any  ship,  steamboat,  or  other  vessel, 

with  intent  to  injure  or  defraud  any  owner  of  such  ship, 
steamboat,  or  other  vessel,  or  with  intent  to  injure  or 
defraud  the  owner  of  any  property  laden  on  board  the 
same,  such  person,  upon  conviction  thereof,  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  not  less  than 
three  or  more  than  ten  A^ears. 

Sec.  57.  If  any  person  shall  lade,  equip,  or  fit_  out,  or  assist  in 

lading,  equipping,  or  fitting  out,  any  ship,  steamboat,  or 
other  vessel,  with  the  intent  that  the  same  shall  be  will- 
fully cast  away,  burnt,  sunk,  or  otherwise  destroyed,  to 
injure  or  defraud  any  owner  or  insurer  of  said  ship, 
steamboat,  or  other  vessel,  or  of  any  property  laden  on 
board  the  same,  such  person,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  penitentiary 
not  less  than  one  nor  more  than  five  years. 

Sec.  58.  If  the  owner  of  any  ship,  steamboat,  or  other  vessel,  or 

of  any  property  laden  or  pretended  to  be  laden  on  board 
the  same,  or  if  any  other  person  concerned  or  assisting  in 
the  fitting  out  or  lading  of  any  such  ship,  steamboat,  or 


PART   XXIII. TRADE   WITH   ALASKA.  257 

other  vessel,  shall  make  out  or  exhibit  or  cause  to  be  made 
out  or  exhibited  any  false  or  fraudulent  invoice,  bill  of 
lading,  bill  of  parcels,  or  other  false  estimate  of  any 
propert}^  laden  or  pretended  to  be  laden  on  board  of  such 
ship,  steamboat,  or  other  vessel,  with  intent  to  injure  or 
defraud  any  insurer  of  such  ship,  steamboat,  or  other 
vessel  or  property,  or  any  part  thereof,  such  person,  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  in 
the  penitentiary  not  less  than  six  months  nor  more  than 
three  years. 

The    collector'  and    deputy    collectors    appointed    for  Sec  174. 
Alaska  Territory,  and  any  person  authorized  in  writing 
by  either  of  them,  or  by  the  Secretary  of  the  Treasury,  Feb.  14,  190.3. 
shall  have  power  to  arrest  persons  and  seize  vessels  and  see.  10. 
merchandise  liable  to  fines,  penalties,  or  forfeitures  under 
this  and  the  other  laws  extended  over  the  Territory,  and 
to  keep  and  deliver  the  same  to  the  marshal.     [Sec.  10  of 
the  act  of  Feb.  14,  1903,  bestows  this  power  in  certain 
cases  on  the  Secretary  of  Commerce  and  Labor.] 

96694°— 11 17 


Part  XXIV.— SEAL-HUNTING  AND  ALASKA  FISHERIES. 


301.  Act    of    December    29,    1891 

amended. 

302.  Act  of  April  6,  1894. 

303.  Pribilof  Islands  seals. 


as 


304.  Provisions  of  kevised  Statutes. 

305.  Report  to  Congress. 

306.  Alaska  fisheries. 

307.  Alien  fishermen  in  Alaska. 


Dec.  29,  1807 


Dec.  29,  1897. 
Sec.  2. 


Sec.  3. 


301.   Act  of  December  29,  1897,  as  amended. 

No  citizen  of  the  United  States,  nor  person  owing  duty 
tTc  s^'  ^^^^'  of  obedience  to  the  laws  or  the  treaties  of  the  United 
States,  nor  anv  person  belonging  to  or  on  board  of  a  ves- 
sel of  the  United  States,  shall  kill,  capture,  or  hunt,  at 
anv  time  or  in  any  manner  whatever,  any  fur  seal  in  the 
waters  of  the  Pacific  Ocean,  including  Bering  Sea  and 
the  sea  of  Okhotsk,  whether  in  the  territorial  waters  of 
the  United  States  or  in  the  open  sea. 

No  citizen  of  the  United  States,  nor  person  above  de- 
scribed in  section  one,  shall  equip,  use,  or  employ,  or 
furnish  aid  in  equipping,  using,  or  employing,  or  furnish 
supplies  to  any  vessel  used  or  employed,  or  to  be  used  or 
employed  in  carrying  on  or  taking  part  in  said  killing, 
capturing,  or  hunting  of  fur  seals  in  said  waters,  nor  shall 
any  vessel  of  the  United  States  be  so  used  or  employed. 

Every  person  guilty  of  a  violation  of  the  provisions  of 
this  Act,  or  of  any  regulations  made  thereunder,  shall, 
for  each  offense,  be  fined  not  less  than  two  hundred  dol- 
lars or  more  than  two  thousand  dollars,  or  imprisoned 
not  miore  than  six  months,  or  both;  and  every  vessel,  its 
tackle,  apparel,  furniture,  and  cargo,  at  any  time  used  or 
employed  in  violation  of  this  Act,  or  of  the  regulations 
made  thereunder,  shall  be  forfeited  to  the  United  States. 
If  any  vessel  of  the  United  States  shall  be  found  within 
the  waters  to  which  this  Act  applies,  having  on  board 
fur-seal  skins  or  bodies  of  seals,  or  apparatus  or  imple- 
ments suitable  for  killing  or  taking  seals,  it  shall  be 
presumed  that  such  vessel  was  used  or  employed  in  the 
killing  of  said  seals,  or  that  said  apparatus  or  implements 
were  used  in  violation  of  this  Act  until  the  contrary  is 
proved  to  the  satisfaction  of  the  court. 

Any  violation  of  this  Act  or  of  the  regulations  there- 
under may  be  prosecuted  either  in  the  district  court  of 
Alaska  or  in  any  district  court  of  the  United  States  in 
California,  Oregon,  or  Washington. 

This  Act  shall  not  interfere  with  the  privileges  ac- 
corded to  Indians  dwelling  on  the  coast  of  the  United 
258 


Sec.  4. 


Sec.  5. 


Sec.  6. 


PART  XXrV. SEAL-HUNTING   AND   ALASKA   FISHERIES.  259 

States  under  section  six  of  the  Act  of  April  sixth,  eight- 
een hundred  and  ninety-four,  but  the  limitations  pre- 
scribed in  said  Act  shall  remain  in  full  force. 

This  Act  shall  not  affect  in  any  way  the  killing  or  tak-   s^^-  7. 
ing  of  fur  seals  upon  the  Pribilof  Islands,  or  the  laws  of 
the  United  States  relating  thereto. 

Any  officer  of  tlie  Naval  or  Eevenue-Cutter  Service  of  ^^^-  ^• 
the  United  States,  and  any  other  officers  dulj^  designated 
by  the  President,  may  search  any  vessel  of  the  United 
States  in  port  or  on  the  high  seas  suspected  of  having 
violated  or  of  having  an  intention  to  violate  the  pro- 
visions of  this  act,  and  may  seize  such  vessel  and  the 
offending  officers  and  crew  and  bring  them  into  the  most 
accessible  port  of  the  States  and  Territories  mentioned  in 
section  five  of  this  Act  for  trial. 

The  importation  into  the  United  States  by  any  person  Sec.  9. 
whatsoever  of  fur-seal  skins  taken  in  the  waters  men- 
tioned in  this  Act,  whether  raw,  dressed,  dyed,  or  manu- 
factured, is  hereb}^  prohibited,  and  all  such  articles  im- 
ported after  this  Act  shall  take  effect  shall  not  be  per- 
mitted to  be  exported,  but  shall  be  seized  and  destroyed 
by  the  proper  officers  of  the  United  States. 

The  President  shall  have  power  to  make  all  necessary  sec.  lo. 
regulations  to  carry  this  Act  into  effect. 
302.   Act  of  April  6,  1894. 

Xo  citizen  of  the  United  States,  or  person  owing  the  ^pr.  6,  1894. 
duty  of  obedience  to  the  laws  or  the  treaties  of  the 
United  States,  nor  any  person  belonging  to  or  on  board 
of  a  vessel  of  the  United  States,  shall  kill,  capture,  or 
pursue,  at  any  time,  or  in  any  manner  w^hatever,  outside 
of  territorial  waters,  any  fur  seal  in  the  waters  surround- 
ing the  Pribilov  Islands  within  a  zone  of  sixty  geo- 
graphical miles  (sixty  to  a  degree  of  latitude)  around 
said  islands,  inclusive  of  the  territorial  waters. 

No  citizen  of  the  United  States,  or  person  above  (Je-  ^ec.  2. 
scribed  in  section  one  of  this  act,  nor  any  person  belong- 
ing to  or  on  board  of  a  vessel  of  the  United  States,  shall 
kill,  capture,  or  pursue,  in  any  manner  whatever,  during 
the  season  extending  from  the  first  day  of  May  to  the 
thirty-first  day  of  July,  both  inclusive,  in  each  year,  any 
fur  seal  on  the  high  seas  outside  of  the  zone  mentioned  in 
section  one,  and  in  that  part  of  the  Pacific  Ocean,  includ- 
ing Behring  Sea.  which  is  situated  to  the  north  of  the 
thirty-fifth  degree  of  north  latitude  and  to  the  east  of  the 
one  hundred  and  eightieth  degree  of  longitude  from 
Greenwicli  till  it  strikes  the  water  boundary  described  in 
article  one  of  the  treaty  of  eighteen  hundred  and  sixty- 
seven,  between  the  United  States  and  Russia,  and  follow- 
ing that  line  up  to  Behring  Straits. 

No  citizen  of  the  United  States  or  person  above  de-   ^^^-  ^' 
scribed,  in  the  first  section  of  this  Act,  shall,  during  the 


260  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

period  and  in  the  Avaters  in  wliicli  by  section  two  of  this 
Act  the  killing  of  fur  seals  is  not  prohibited,  use  or  em- 
ploy any  vessel,  nor  shall  any  ves&el  of  the  United  States 
be  used  or  employed,  in  carrying  on  or  taking  part  in  fur- 
seal  fishing  operations,  other  than  a  sailing  vessel  pro- 
pelled by  sails  exclusively,  and  such  canoes  or  undecked 
boats,  propelled  by  paddles,  oars,  or  sails  as  may  belong- 
to,  and  be  used  in  connection  with,  such  sailing  vessels; 
nor  shall  any  sailing  vessel  carry  on  or  take  part  in  such 
operations  without  a  special  license  obtained  from  the 
Government  for  that  purpose,  and  without  carrying  a  dis- 
tinctive flag  prescribed  by  the  Government  for  the  same 
purpose. 

^^^-  f  Every  master  of  a  vessel  licensed  under  this  act  to  en- 

gage in  fur-seal  fishing  operations  shall  accurately  enter 
in  his  official  log  book  the  date  and  place  of  every  such 
operation,  and  also  the  number  and  sex  of  the  seals  cap- 
tured each  day ;  and  on  coming  into  port,  and  before  land- 
ing cargo,  the  master  shall  verify,  on  oath,  such  official  log 
book  as  containing  a  full  and  true  statement  of  the  num- 
ber and  character  of  his  fur-seal  fishing  operations,  in- 
cluding the  number  and  sex  of  seals  captured;  and  for 
any  false  statement  willfully  made  by  a  person  so  licensed 
by  the  United  States  in  this  behalf  he  shall  be  subject  to 
the  penalties  of  perjuiy;  and  any  seal  skins  found  in 
excess  of  the  statement  in  the  official  log  book  shall  be 
forfeited  to  the  United  States. 

^^^'  ^'  Xo  person  or  vessel  engaging  in  fur-seal  fishing  opera- 

tions under  this  Act  shall  use  or  employ  in  any  such 
operations,  any  net,  firearm,  airgim,  or  explosive:  Pro- 
vided  however^  That  this  prohibition  shall  not  apply  to 
the  use  of  shotguns  in  such  operations  outside  of  Behring 
Sea  during  the  season  when  the  killing  of  fur  seals  is  not 
there  prohibited  by  this  Act. 

Sec.  6.  Xhe  foregoing  sections  of  this  act  shall  not  apply  to 

Indians  dwelling  on  the  coast  of  the  United  States,  and 
taking  fur  seals  in  canoes  or  undecked  boats  propelled 
wholly  by  paddles,  oars,  or  sails,  and  not  transported  by 
or  used  in  connection  with  other  vessels,  or  manned  by 
more  than  five  persons,  in  the  manner  heretofore  practiced 
by  the  said  Indians:  Provided^  hoiccver^  That  the  excep- 
tion made  in  this  section  shall  not  apply  to  Indians  in  the 
emplo3ment  of  other  persons,  or  who  shall  kill,  capture, 
or  pursue  fvir  seals  outside  of  territorial  waters  under 
contract  to  deliver  the  skins  to  other  persons,  nor  to  the 
waters  of  Behring  Sea  or  of  the  passes  between  the 
Aleutian  Islands. 

Sec,  7.  r^i^Q  President  shall  have  power  to  make  regulations 

respecting  the  special  license  and  the  distinctive  flag  men- 
tioned in  this  Act  and  regTilations  otherwise  suitable  to 
secure  the  due  execution  of  the  provisions  of  this  act,  and 
from  time  to  time  to  add  to,  modify,  amend,  or  revoke 
such  regTilations,  as  in  his  judgment  may  seem  expedient. 


PART  XXIV. SEAL-HUNTING   AND   ALASKA   FISHERIES.  261 

Except  in  the  case  of  a  master  making  a  false  statement  ^^^-  *• 
under  oath  in  violation  of  the  proA'isions  of  the  fourth 
section  of  this  Act,  every  person  guilty  of  a  violation  of 
the  provisions  of  this  Act,  or  of  the  regulations  m.ade 
thereunder,  shall  for  each  offense  be  fined  not  less  than 
two  hundred  dollars,  or  imprison! rierit  not  more  than  six 
months,  or  both;  and  all  vessels,  their  tackle,  apparel, 
furniture,  and  cargo,  at  any  time  used  or  employed  in 
violation  of  this  Act,  or  of  the  regulations  made  tiiere- 
under,  shall  be  forfeited  to  the  United  States. 

Any  violation  of  this  Act,  or  of  the  regulations  made   sec.  9. 
thereunder,  may  be  prosecuted  either  in  the  district  court 
of  Alaska  or  in  any  district  court  of  the  United  States  in 
California,  Oregon,  or  Washington. 

If  any  unlicensed  vessel  of  the  United  States  shall  be  see.  lo. 
found  within  the  waters  to  which  this  Act  applies,  and 
at  a  time  when  the  killing  of  fur  seals  is  by  this  Act  there 
prohibited,  having  on  board  seal  skins  or  bodies  of  seals, 
or  apparatus,  or  implements  suitable  for  killing  or  taking 
seals;  or  if  any  licensed  vessel  shall  be  found  in  the  waters 
to  which  this  Act  applies,  having  on  board  apparatus  or 
implements  suitable  for  taking  seals,  but  forbidden  then 
and  there  to  be  used,  it  shall  be  presumed  that  the  vessel 
in  the  one  case  and  the  apparatus  or  implemients  in  the 
other  was  or  were  used  in  violation  of  this  Act  until  it  is 
otherwise  sufficiently  proved. 

It  shall  be  the  duty  of  the  President  to  cause  a  suffi-  see.  ii. 
vent  naval  force  to  cruise  in  the  waters  to  which  this  Act 
is  applicable  to  enforce  its  proAdsions,  and  it  shall  be  the 
duty  of  the  commanding  officer  of  any  vessel  belonging  to 
the  naval  or  revenue  service  of  the  United  States,  when  so 
instructed  by  the  President,  to  seize  and  arrest  all  vessels  * 
of  the  United  States  found  by  him  to  be  engaged,  used,  or 
employed  in  the  waters  last  aforesaid  in  violation  of  any 
of  the  prohibitions  of  this  Act,  or  of  any  regulations  made 
thereunder,  and  to  take  the  same,  with  all  persons  on 
board  thereof,  to  the  most  convenient  port  in  any  district 
of  the  United  States  mentioned  in  this  Act,  there  to  be 
dealt  with  according  to  law. 

Any  vessel  or  citizen  of  the  United  States,  or  person  See.  12. 
described  in  the  first  section  of  this  Act,  offending  against 
the  prohibitions  of  this  Act  or  the  regulations  tliereunder, 
may  be  seized  and  detained  by  the  naval  or  other  duly 
conimissioned  officers  of  Her  Majesty  the  Queen  of  Great 
Britain,  but  when  so  seized  and  detained  they  shall  be 
delivered  as  soon  as  practicable,  with  any  witnesses  and 
proofs  on  board,  to  any  naval  or  revenue  officer  or  other 
authorities  of  the  United  States,  whose  courts  alone  shall 
have  jurisdiction  to  try  the  offense  and  impose  the  pen- 
alties for  the  same:  Provided,  hoioerer.  That  Pjritish  offi- 
cers shall  arrest  and  detain  vessels  and  persons  as  in  this 
section  specified  only  after,  by  appropriate  legislation. 


262  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

Great  Britain  shall  have  authorized  officers  of  the  United 
States  duly  commissioned  and  instructed  by  the  Presi- 
dent to  that  end  to  arrest,  detain,  and  deliver  to  the  au- 
thorities of  Great  Britain  vessels  and  subjects  of  that 
Government  offending  against  any  statutes  or  regulations 
of  Great  Britain  enacted  or  made  to  enforce  the  av/ard  of 
the  treaty  mentioned  in  the  title  of  this  Act. 
303.  Pribilof  Islands  seals. 
Apr.  21, 1010.  rpj^g  Secretary  of  Commerce  and  Labor  shall  have 
power  to  authorize  the  killing  of  fur  seals  and  the  taking 
of  sealskins  on  the  Pribilof  Islands,  in  Alaska,  under 
regulations  established  by  him  prescribing  the  manner  in 
which  such  killing  shall  be  done  and  limiting  the  number 
of  seals  to  be  killed,  whenever  he  shall  determine  that 
such  killing  is  necessary  or  desirable  and  not  inconsistent 
with  the  preservation  of  the  seal  herd:  Promded,  how- 
ever, That  under  such  authority  the  right  of  killing  fur 
seals  and  taking  sealskins  shall  be  exercised  by  officers, 
agents,  or  employees  of  the  United  States  appointed  by 
the  Secretary  of  Commerce  and  Labor,  and  by  the  natives 
of  the  Pribilof  Islands  under  the  direction  and  supervision 
of  such  officers,  agents,  or  employees,  and  by  no  other 
person:  And  p7^o ruled  furthe7\  That  male  seals  only  shall 
be  killed  and  that  not  more  than  ninety-five  per  centum 
of  three-year-old  male  seals  shall  be  killed  in  any  one 
year. 
^®^'  ^-  Any  and  all  sealskins  taken  under  the  authority  con- 

ferred by  the  preceding  section  shall  be  sold  by  the  Sec- 
retary of  Commerce  and  Labor  in  such  market,  at  such 
times'^  and  in  such  manner  as  he  may  deem  most  advan- 
taoeous;  and  the  proceeds  of  such  sale  or  sales  shall  be 
paid  into  the  Treasury  of  the  United  States:  Provided, 
That  the  directions  of  this  section,  relating  to  the  disposi- 
tion of  seal  skins  and  the  proceeds  thereof,  shall  be  sub- 
ject to  the  provisions  of  any  treaty  hereafter  made  by 
the  United  States  for  the  protection  of  seal  life. 
Sec.  3.  Whenever  seals  are  killed  and  sealskins  taken  on  any 

of  the  Pribilof  Islands  the  native  inhabitants  of  said 
islands  shall  be  employed  in  such  killing  and  in  curing 
the  skins  taken,  and  shall  receive  for  their  labor  fair 
compensation,  to  be  fixed  from  time  to  time  by  the  Sec- 
retary of  Commerce  and  Labor,  who  shall  have  the 
authority  to  prescribe  by  regulation  the  manner  in  which 
such  compensation  shall  be  paid  to  the  said  natives  or 
expended  or  otherwise  used  in  their  behalf  and  for  their 
benefit. 


PART   XXIY. SEAL-HUNTING   AND   ALASKA  FISHERIES. 


263 


304.   Provisions  of  Revised  Statutes. 

No  person  shall  kill  any  otter,  mink,  marten,  sable,  or 
fur  sea],  or  other  fur-bearing  animal,  within  the  limits 
of  Alaska  Territory  or  in  the  waters  thereof ;  and  every 
person  guilty  thereof  shall,  for  each  offense,  be  fined  not 
less  than  two  hundred  nor  more  than  one  thousand  dollars 
or  imprisoned  not  more  than  six  months,  or  both;  and 
all  vessels,  their  tackle,  apparel,  furniture,  and  cargo 
found  engaged  in  violation  of  this  section  shall  be  for- 
feited; but  the  Secretary  of  Commerce  and  Labor  shall 
have  power  to  authorize  the  killing  of  any  such  mink, 
marten,  sable,  fur  seal,  or  other  fur-bearing  animal  under 
such  regulations  as  he  may  prescribe ;  and  it  shall  be  the 
duty  of  the  Secretary  of  Commerce  and  Labor  to  prevent 
the'^killing  of  any  fur  seal  except  as  authorized  by  law 
and  to  provide  for  the  execution  of  the  provisions  of  this 
section  until  it  is  otherwise  provided  by  law. 

Section  nineteen  hundred  and  fifty-six  of  the  Revised 
Statutes  of  the  United  States  is  hereby  declared  to  in- 
clude and  apply  to  all  the  dominion  of  the  United  States 
in  the  waters  of  Behring  Sea;  and  it  shall  be  the  cluty  of 
the  President,  at  a  timely  season  in  each  year,  to  issue  his 
proclamation  and  cause  the  same  to  be  published  for  one 
month  in  at  least  one  newspaper  if  any  such  there  be  pub- 
lislied  at  each  United  States  port  of  entry  on  the  Pacific 
coast,  warning  all  persons  against  entering  said  waters 
for  the  purpose  of  violating  the  provisions  of  said  sec- 
tion; and  he  shall  also  cause  one  or  more  vessels  of  the 
United  States  to  diligently  cruise  said  waters  and  arrest 
all  persons,  and  seize  all  vessels  found  to  be.  or  to  have 
been,  engaged  in  any  violation  of  the  laws  of  the  United 
States  therein.  . 

It  shall  be  unlawful  to  kill  any  fur  seal  upon  the  Pri- 
bilof  Islands,  or  m  the  waters  adjacent  thereto,  except 
under  the  authority  of  the  Secretary  of  Commerce  and 
Labor,  and  it  shalfbe  unlawful  to  kill  such  seals  by  the 
use  of  firearms  or  by  other  means  tending  to  drive  the 
seals  away  from  those  islands;  but  the  natives  of  the 
islands  shall  have  the  privilege  of  killing  such  young  seals 
as  may  be  necessary  for  their  own  food  and  clothing,  and 
also  such  old  seals  as  mav  be  required  for  their  own 
clothing  and  for  the  manufacture  of  boats  for  their  own 
use;  and  the  killing  in  such  cases  shall  be  limited  and 
controlled  by  such  regulations  as  may  be  prescribed  by 
the  Secretary  of  Commerce  and  Labor. 

It  shall  be"^  unlawful  to  kill  any  female  seal  or  any  seal 
less  than  one  year  old  at  any  season  of  the  year,  except 
as  above  provided;  and  it  shall  also  be  unlawful  to  kill 
any  seal  in  the  waters  adjacent  to  the  Probilof  Islands, 


R.  S.,  1956. 
:.lnr.  3,  1S09. 
Sec.  173. 


Apr.  21,  1910. 
Sec.  4. 


Mar.  2,  1889. 
Sec.  3. 


R.  S.,  1960. 
Mar.  24,  1874. 
Mar.  3,  1899. 
Sec.  177. 
Apr.  21,  1910. 
Sec.  6. 


R.  S.,  1961. 
Mar.  8.  1899. 

Sec.  178. 
Apr.  21,  1910. 
Sec.  7. 


264  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

or  on  the  beaches,  cliffs,  or  rocks  where  they  haul  up  from 
the  sea  to  remain;  and  every  person  who  violates  the 
provisions  of  this  or  the  preceding  section  shall  be  pun- 
ished for  each  offense  by  a  fine  of  not  less  than  two  hun- 
dred dollars  nor  more  than  one  thousand  dollars  or  by 
imprisonment  not  more  than  six  months,  or  by  both 
such  fine  and  imprisonment;  and  all  vessels,  their  tackle, 
apparel,  and  furniture,  whose  crews  are  found  engaged 
in  the  violation  of  either  this  or  the  preceding  section 
shall  be  forfeited  to  the  United  States. 

305.  Report  to  Congress. 

June^e,  1900.  "Yhe  governor  [of  Alaska]  shall  from  time  to  time 
inquire  into  the  operations  of  any  person,  company,  asso- 
ciation, or  corporation  authorized  b}^  the  United  States, 
by  contract  or  otherwise,  to  kill  seal  or  other  fur-bearing 
animals  in  the  district,  and  any  and  all  violations  by  such 
person,  company,  association,  or  corporation  of  the  agree- 
ment with  the  United  States  under  which  the  operations 
are  being  conducted,  and  shall  annually  report  to  Con- 
gress the  result  of  such  inquiries. 

306.  Alaska  fisheries. 

June  26, 1906.  Every  person,  company,  or  corporation  carrying  on  the 
business  of  canning,  curing,  or  preserving  fish  or  maiui- 
facturing  fish  products  within  tb.e  territory  known  as 
Alaska,  ceded  to  the  United  States  by  Russia  by  the 
treaty  of  ^larch  thirtieth,  eighteen  hundred  and  sixty- 
seven,  or  in  any  of  the  waters  of  Alaska  over  which  the 
United  States  has  jurisdiction,  shall,  in  lieu  of  all  other 
license  fees  and  taxes  therefor  and  thereon,  pay  license 
taxes  on  their  said  business  and  output  as  follows :  Canned 
salmon,  four  cents  per  case;  pickled  salmon,  ten  cents  per 
barrel;  salt  salmon  in  bulk,  five  cents  per  one  hundred 
pounds;  fish  oil.  ten  cents  per  barrel;  fertilizer,  twenty 
cents  per  ton.  The  payment  and  collection  of  such 
license  taxes  shall  be  under  and  in  accordance  with  the 
provisions  of  the  Act  of  March  third,  eighteen  hundred 
and  ninety-nine,  entitled  "An  Act  to  define  and  punish 
crimes  in  the  district  of  Alaska,  and  to  provide  a  code  of 
criminal  procedure  for  the  district,"  and  amendments 
thereto. 

Sec.  2.  xhe  catch  and  pack  of  salmon  made  in  Alaska  by  the 

owners  of  private  salmon  hatcheries  operated  in  Alaska 
shall  be  exempt  from  all  license  fees  and  taxation  of  every 
nature  at  the  rate  of  ten  cases  of  canned  salmon  to  every 
one  thousand  red  or  king  salmon  fry  liberated,  upon  the 
following  conditions : 

The  Secretary  of  Commerce  and  Labor  may  from  time 
to  time,  and  on  the  application  of  the  hatchery  owner 
shall,  within  a  reasonable  time  thereafter,  cause  such 
IDrivate  hatcheries  to  be  inspected  for  the  purpose  of 
determining  the  character  of  their  operations,  efficiency^ 


PART   XXIV. SEAL-HUNTING   AND   ALASKA   FISHERIES.  265 

and  productiveness,  and  if  he  approve  the  same  shall 
cause  notice  of  such  approval  to  be  filed  in  the  office  of 
the  clerk  or  deputy  clerk  of  the  United  States  district 
court  of  the  division  of  the  district  of  Alaska  wherein 
any  such  hatchery  is  located,  and  shall  also  notify  the 
owners  of  such  hatchery  of  the  action  taken  by  him. 
The  owner,  agent,  officer,  or  superintendent  of  any'^hatch- 
ery  the  effectiveness  and  productiveness  of  which  has 
been  approved  as  above  provided  shall,  between  the 
thirtieth  day  of  June  and  the  thirty-first  day  of  Decem- 
ber of  each  year,  make  pvooi  of  the  number  of  salmon  fry 
liberated  during  the  twelve  months  immediately  preced- 
ing the  thirtieth  day  of  June,  by  a  written  statement 
under  oath.  Such  proof  shall  be  filed  in  the  office  of  the 
clerk  or  deputy  clerk  of  the  United  States  district  court 
of  the  division  of  the  district  of  Alaska  wherein  such 
hatchery  is  located,  and  when  so  filed  shall  entitle  the 
respective  hatchery  owners  to  the  exemption  as  herein 
provided;  and  a  false  oath  as  to  the  nmnber  of  salmon 
fry  liberated  shall  be  deemed  perjury  and  subject  the 
offender  to  all  the  pains  and  penalties  thereof.  Dupli- 
cates of  such  statements  shall  also  be  filed  with  the  Sec- 
retary of  Commerce  and  Labor.  It  shall  be  the  duty  of 
such  clerk  or  dejHity  clerk  in  whose  office  the  apj^r'oval 
and  proof  heretofore  provided  for  are  filed  to  forthwith 
issue  to  the  hatchery  owner,  causing  such  proofs  to  be 
filed,  certificates  vdiich  shall  not  be  transferable  and  of 
such  denominations  as  said  owner  may  request  (no  cer- 
tificate to  cover  fewer  than  one  thousand  fry),  covering 
in  the  aggregate  the  number  of  fry  so  proved  to  have 
been  liberated;  and  such  certificates  may  be  used  at  any 
time  by  the  person,  company,  corporation,  or  association 
to  w^hom  issued  for  the  payment  pro  tanto  of  any  license 
fees  or  taxes  upon  or  against  or  on  account  of  any  catch 
or  pack  of  salmon  made  by  them  in  Alaska ;  and  it  shall 
be  the  duty  of  all  public  officials  charged  with  tlie  duty 
of  collecting  or  receiving  such  license  fees  or  taxes  to 
accept  such  certificates  in  lieu  of  money  in  payment  of 
all  license  fees  or  taxes  upon  or  against  the  pack  of  canned 
salmon  at  the  ratio  of  one  thousand  fry  for  each  ten  cases 
of  salmon.  No  hatchery  owner  shall  obtain  the  rebates 
from  the  output  of  any  hatchery  to  which  he  might  other- 
wise be  entitled  under  this  Act  unless  the  efficiency  of 
said  hatchery  has  first  been  approved  by  the  Secretary 
of  Commerce  and  Labor  in  the  manner  herein  provided 
for. 

It  shall  be  unlawful  to  erect  or  maintain  any  dam.  sec.  3. 
barricade,  fence,  trap,  fish  wheel,  or  other  fixed  or  sta- 
tionary obstruction,  except  for  jDurposes  of  fish  culture, 
in  any  of  the  waters  of  Alaska  at  any  point  where  the 
distance  from  shore  to  shore  is  less  than  five  hundred 
feet,  or  within  five  hundred  yards  of  the  mouth  of  any 
red-salmon  stream  where  the  same  is  less  than  five  hun- 


266  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

drecl  feet  in  width,  with  the  purpose  or  result  of  captur- 
ing sahnon  or  preventing  or  impeding  their  ascent  to 
their  spawning  grounds,  and  the  Secretary  of  Commerce 
and  Labor  is  hereby  authorized  and  directed  to  have  any 
and  all  such  unlawful  obstructions  removed  or  destroyed. 

^^^-  ^-  It  shall  be  unlawful  to  lay  or  set  any  drift  net,  s^ine, 

set  net,  pound  net,  trap,  or  any  other  fishing  appliance 
for  any  purpose  except  for  purposes  of  fish  culture,  across 
or  above  the  tide  waters  of  any  creek,  stream,  river, 
estuary,  or  lagoon,  for  a  distance  greater  than  one-third 
the  width  of  such  creek,  stream,  river,  estuary,  or  lagoon, 
or  within  one  hundred  yards  outside  of  the  mouth  of  any 
red-salmon  stream  where  the  same  is  less  than  five  hun- 
dred feet  in  width.  It  shall  be  unlawful  to  lay  or  set 
any  seine  or  net  of  any  kind  within  one  hundred  yards 
of  am^  other  seine,  net,  or  other  fishing  appliance  which 
is  being  or  which  has  been  laid  or  set  in  any  of  the  waters 
of  Alaska,  or  to  drive  or  construct  any  trap  or  nnj  other 
fixed  fishing  appliance  within  six  hundred  yards  laterally 
or  within  one  hundred  yards  endwise  of  an}^  other  trap 
or  fixed  fishing  appliance. 

Sec.  5.  It  shall  be  unlawful  to  fish  for,  take,  or  kill  any  salmon 

of  any  species  in  any  manner  or  by  any  means  except 
by  rod,  spear,  or  gaft\  in  any  of  the  waters  of  Alaska  over 
which  the  United  States  has  jurisdiction,  except  Cook 
Inlet,  the  Delta  of  Copper  River,  Bering  Sea,  and  the 
waters  tributary  thereto,  from  six  o'clock  postmeridian 
of  Saturday  of  each  week  until  six  o'clock  antemeridian  of 
the  Monday  following,  or  to  fish  for,  or  catch,  or  kill  in 
any  manner  or  by  any  appliances  except  by  rod,  spear, 
or  gaff,  any  salmon  in  anv  stream  of  less  than  one  hun- 
dred yards  in  width  in  Alaska  between  the  hours  of  six 
o'clock  in  the  evening  and  six  o'clock  in  the  morning  of 
the  following  day  of  each  and  every  clay  of  the  week. 
Throughout  the  weekly  close  season  herein  prescribed  the 
gate,  mouth,  or  tunnel  of  all  stationary  and  floating  traps 
shall  be  closed,  and  twenty-five  feet  of  the  webbing  or 
net  of  the  "  heart  "  of  such  traps  on  each  side  next  to 
the  "  pot  "  shall  be  lifted  or  lowered  in  such  manner  as  to 
permit  the  free  passage  of  salmon  and  other  fishes. 

Sec.  G.  The  Secretary  of  Commerce  and  Labor  may,  in  his  dis- 

cretion, set  aside  any  streams  or  lakes  as  preserves  for 
spawning  grounds,  in  which  fishing  may  be  limited  or 
entirely  prohibited;  and  when,  in  his  judgment,  the  re- 
sults of  fishing  operations  in  any  stream,  or  off  the  mouth 
thereof,  indicate  that  the  number  of  salmon  taken  is 
larger  than  the  natural  production  of  salmon  in  such 
stream,  he  is  authorized  to  establish  close  seasons  or  to 
limit  or  prohibit  fishing  entireh^  for  one  year  or  more 
within  such  stream  or  within  five  hundred  3^ards  of  tlie 
mouth  thereof,  so  as  to  permit  salmon  to  increase:  Pro- 
vided, hoirevei\  That  such  power  shall  be  exercised  only 
after  all  persons  interested  shall  be  given  a  hearing,  of 


PART   XXIV.— SEAL-HUNTING   AND   ALASKA   FISHERIES.  267 

which  due  notice  must  be  given  by  publication;  and 
where  the  interested  parties  are  known  to  the  Depart- 
ment they  shall  be  personally  notified  by  a  notice  mailed 
not  less  than  thirty  days  previous  to  such  hearing.  No 
order  made  under  this  section  shall  be  effective  before 
the  next  calendar  year  after  same  is  made:  And  provided 
further,  That  such  limitations  and  prohibitions  shall  not 
apply  to  those  engaged  in  catching  salmon  who  Jvcep  such 
streams  fully  stocked  with  salmon  by  artificial  propa- 
gation. 

It  shall  be  unlawful  to  can  or  salt  for  sale  for  food  any    See.  7. 
salmon  more  than  fortv-eight  hours  after  it  has  been 
killed. 

It  shall  be  unlawful  for  any  person,  company,  or  cor-    See.  8. 
poration  wantonly  to  waste  or  destroy  salmon  or  other 
food  fishes  taken  or  caught  in   any  of  the  Avaters  of 
Alaska. 

It  shall  be  unlawful  for  any  person,  company,  or  cor-  see.  9. 
poration  canning,  salting,  or  curing  fish  of  any  species  in 
Alaska  to  use  any  label,  brand,  or  trade-mark  which  shall 
tend  to  misrepresent  the  contents  of  any  package  of  fish 
offered  for  sale:  Provided.  That  the  use  of  tlie  terms 
a  Yed,^^  "  medium  red,"  "  pink,"  "  chum,"  and  so  forth, 
as  applied  to  the  various  sjoecies  of  Pacific  salmon  under 
present  trade  usages  shall  not  be  deemed  in  conflict  with 
the  provisions  of  this  Act  when  used  to  designate  salmon 
of  those  known  species. 

Every  person,  company,  and  corporation  engaged  in  See.  lO. 
catching,  curing,  or  in  any  manner  utilizing  fishery  prod- 
ucts, or  in  operating  fish  hatcheries  in  Alaska,  shall  make 
detailed  annual  reports  thereof  to  the  Secretary  of  Com- 
merce and  Labor,  on  blanks  furnished  by  him,  covering 
all  such  facts  as  may  be  required  with  respect  thereto 
for  the  information  of  the  Department.  Such  reports 
shall  be  sworn  to  by  the  superintendent,  manager,  or 
other  person  having  knowledge  of  the  facts,  a  separate 
blank  form  being  used  for  each  establishment  in  cases 
where  more  than  one  cannery,  saltery,  or  other  estab- 
lishment is  conducted  by  a  person,  company,  or  corpora- 
tion, and  the  same  shall  be  forwarded  to  the  Department 
at  the  close  of  the  fishing  season  and  not  later  than 
December  fifteenth  of  each  3^ear. 

The  catching  or  killing,  except  v/ith  rod.  spear,  or  gaff',  ^^^-  ^^' 
of  any  fish  of  any  kind  or  species  whatsoever  in  any  of 
the  waters  of  Alaska  over  which  the  United  States  has 
jurisdiction,  shall  be  subject  to  the  provisions  of  this  Act, 
and  the  Secretary  of  Commerce  and  Labor  is  hereby 
authorized  to  make  and  establish  such  rules  and  regula- 
tions not  inconsistent  with  law  as  may  be  necessary  to 
csiriy  into  effect  the  provisions  of  this  Act. 

To  enforce  the  provisions  of  this  Act  and  such  regula-    Sec.  12. 
tions  as  he  may  establish  in  pursuance  thereof,  the  Secre- 


268  NAVIGATION   LAWS    OF   THE   UNITED   STATES. 

tary  of  Commerce  and  Labor  is  authorized  and  directed 
to  depute,  in  addition  to  the  agent  and  assistant  agent  of 
salmon  fisheries  now  provided  by  law,  from  the  officers 
and  employees  of  the  Department  of  Commerce  and 
Labor,  a  force  adequate  to  the  performance  of  all  work 
required  for  the  proper  investigation,  inspection,  and 
regulation  of  the  Alaskan  fisheries  and  hatcheries,  and  he 
shall  annually  submit  to  Congress  estimates  to  cover  the 
cost  of  the  establishment  and  maintenance  of  fish  hatch- 
eries in  Alaska,  the  salaries  and  actual  traveling  expenses 
of  such  officials,  and  for  such  other  expenditures  as  may 
be  necessary  to  carry  out  the  provisions  of  this  Act. 

Sec.  13.  Any  person,  company,  corporation,  or  association  vio- 

lating any  provision  of  this  Act  or  any  regulation  estab- 
lished in  pursuance  thereof  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars 
or  imprisonment  at  hard  labor  for  a  term  of  not  more 
than  ninety  days,  or  by  both  such  fine  and  imprisonment, 
at  the  discretion  of  the  court ;  and  in  case  of  the  violation 
of  any  of  the  provisions  of  section  four  of  this  Act  and 
conviction  thereof  a  further  fine  of  not  more  than  two 
hundred  and  fifty  dollars  per  diem  may,  at  the  discretion 
of  the  court,  be  imposed  for  each  day  such  obstruction  is 
maintained.  And  every  vessel  or  other  apparatus  or 
equipment  used  or  employed  in  violation  of  any  provi- 
sion of  this  Act,  or  of  any  regulation  made  thereunder, 
may  be  seized  by  order  of  the  Secretary  of  Commerce  and 
Labor,  and  shall  be  held  subject  to  the  payment  of  such 
fine  or  fines  as  may  be  imposed. 

Sgc.  14.  The  violation  of   any  provision  of  this  Act  may  be 

prosecuted  in  any  district  court  of  Alaska  or  any  district 
court  of  the  United  States  in  the  States  of  California, 
Oregon,  or  Washington.  And  it  shall  be  the  duty  of  the 
Secretary  of  Commerce  and  Labor  to  enforce  the  provi- 
sions of  this  Act  and  the  rules  and  regulations  made 
thereunder.  And  it  shall  be  the  duty  of  the  district  attor- 
ney to  whom  any  violation  is  reported  by  any  agent 
or  representative  of  the  Department  of  Commerce  and 
Labor  to  institute  proceedings  necessary  to  carry  out  the 
provisions  of  this  Act. 

307.  Alien  fishermen  in  Alaska. 
June  14, 1906.  It  shall  be  unlawful  for  any  person  not  a  citizen  of  the 
United  States,  or  who  has  declared  his  intention  to  be- 
come a  citizen  of  the  United  States,  and  is  not  a  bona  fide 
resident  therein,  or  for  any  company,  corporation,  or  asso- 
ciation not  organized  or  authorized  to  transact  business 
under  the  laws  of  the  United  States  or  under  the  laAvs  of 
any  State,  Territory,  or  district  thereof,  or  for  any  person 
not  a  native  of  Alaska,  to  catch  or  kill,  or  attempt  to 
catch  or  kill,  except  with  rod,  spear,  or  gaff,  any  fish  of 
any  kind  or  species  whatsoever  in  any  of  the  waters  of 
Alaska  under  the  jurisdiction  of  the  United  States:  Pro- 


PAKT   XXIV. SEAL-HUNTING   AND   ALASKA   FISHERIES.  269 

vided^  however^  That  nothing  contained  in  this  Act  shall 
prevent  those  lawfully  taking  fish  in  the  said  waters  from 
selling  the  same,  fresh  or  cured,  in  Alaska  or  in  Alaskan 
waters,  to  any  alien  person,  company,  or  vessel  then  being 
lawfully  in  said  waters:  And  provided  further^  That 
nothing  contained  in  this  Act  shall  prevent  any  person, 
firm,  corporation,  or  association  lawfully  entitled  to  fish 
in  the  waters  of  Alaska  from  employing  as  laborers  any 
aliens  who  can  now  be  lawfully  employed  under  the  exist- 
ing laws  of  the  United  States,  either  at  stated  wages  or  by 
piecework,  or  both,  in  connection  with  Alaskan  fisheries, 
or  with  the  canning,  salting  or  otherwise  preserving  of 
fish. 

Every  person,  company,  corporation,  or  association  Sec.  2. 
found  guilty  of  a  violation  of  any  provision  of  this  Act  or 
of  any  regulation  made  thereunder  shall,  for  each  offense, 
be  fined  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars,  which  fine  shall  be  a  lien  against 
any  vessel  or  other  property  of  the  offending  party  or 
which  was  used  in  the  commission  of  such  unlawful  act. 
Every  vessel  used  or  employed  in  violation  of  any  pro- 
vision of  this  Act  or  of  any  regulation  made  thereunder 
shall  be  liable  to  a  fine  of  not  less  than  one  hundred  dol- 
lars nor  more  than  five  hundred  dollars,  and  may  be 
seized  and  proceeded  against  by  way  of  libel  in  any  court 
having  jurisdiction  of  the  offense. 

The  violation  of  any  provision  of  this  Act  or  of  any   See.  3. 
regulation  made  thereunder  may  be  prosecuted  in  any 
United  States  district  court  of  Alaska,  California,  Ore- 
gon, or  Washington. 

The  collector  of  customs  of  the  district  of  Alaska  is  see.  4. 
hereby  authorized  to  search  and  seize  every  foreign  ves- 
sel and  arrest  every  person  violating  any  provision  of 
this  Act  or  any  regidation  made  thereunder,  and  the 
Secretary  of  Commerce  and  Labor  shall  have  power  to 
authorize  officers  of  the  Navy  and  of  the  Revenue-Cutter 
Service  and  agents  of  the  Department  of  Commerce  and 
Labor  to  likewise  make  such  searches,  seizures,  and  arrests. 
If  any  foreign  vessel  shall  be  found  within  the  waters  to 
which  this  Act  applies,  having  on  board  fresh  or  cured 
fish  and  apparatus  or  implements  suitable  for  killing  or 
taking  fish,  it  shall  be  presumed  that  the  vessel  and 
apparatus  were  used  in  violation  of  this  Act  until  it  is 
otherwise  sufficiently  proved.  And  every  vessel,  its 
tackle,  apparatus,  or  implements  so  seized  shall  be  given 
into  the  custody  of  the  United  States  marshal  of  either  of 
the  districts  m.entioned  in  section  three  of  this  Act,  and 
shall  be  held  by  him  subject  to  the  proceedings  provided 
for  in  section  two  of  this  Act.  The  facts  in  connection 
with  such  seizure  shall  be  at  once  reported  to  the  United 
States  district  attorney  for  the  district  to  which  the  ves- 
sel so  seized  shall  be  taken,  whose  duty  it  shall  be  to  insti- 
tute the  proper  proceedings. 


270  NAVIGATION  'LAWS   OF   THE   UNITED   STATES. 

^^^'  ^*  The  Secretary  of  Commerce  and  Labor  shall  have  power 

to  make  rules  and  regulations  not  inconsistent  with  law 
to  carry  into  effect  the  provisions  of  this  Act.  And  it 
shall  be  the  duty  of  the  Secretary  of  Commerce  and  Labor 
to  enforce  the  provisions  of  this  Act  and  the  rules  and 
regulations  made  thereunder,  and  for  that  purpose  he 
may  employ,  through  the  Secretary  of  the  Treasury  and 
the  Secretary  of  the  Navy,  the  vessels  of  the  United  States 
Revenue-Cutter  Service  and  of  the  Navy:  Provided^  how- 
ever^ That  nothing  contained  in  this  Act  shall  be  con- 
strued as  affecting  any  existing  treaty  or  convention  be- 
tw^een  the  United  States  and  any  foreign  power. 


Part  XXV.— QUxVRANTIXE  AND  BILLS  OF  HEALTH. 


308.  Consular  bill  of  health. 

309.  Quarantine  regulations. 

310.  Quarantine  inspection. 

311.  Quarantine  anchorage. 

312.  Suspension  of  commerce. 


313.  Penalties. 

314.  St;ite  health  laws. 

315.  Removal  of  cargo. 

316.  Kemoval  of  custom-house. 

317.  National  quarantine. 


308.    Consular  bill  of  health. 

It  shall  be  unlawful  for  any  merchant  ship  or  other 
vessel  from  any  foreign  port  or  place  to  enter  any  port  of 
the  United  States  except  in  accordance  with  the  pro- 
visions of  this  act  and  with  such  rules  and  regulations  of 
State  and  municipal  health  authorities  as  may  be  made  in 
pursuance  of,  or  consistent  with,  this  act;  and  any  such 
vessel  which  shall  enter,  or  attempt  to  enter,  a  port  of  the 
United  States  .in  violation  thereof  shall  forteit  to  the 
United  States  a  sum,  to  be  avrarded  in  the  discretion  of 
the  court,  not  exceeding  five  thousand  dollars,  which  shall 
be  a  lien  upon  said  vessel,  to  be  recovered  by  proceedings 
in  the  proper  district  court  of  the  United  States.  In  all 
such  proceedings  the  United  States  district  attorney  for 
such  district  shall  appear  on  behalf  of  the  United  States; 
and  all  such  proceedings  shall  be  conducted  in  accordance 
with  the  rules  and  laVs  governing  cases  of  seizure  of 
vessels  for  violation  of  the  revenue  laws  of  the  United 
States. 

xVny  vessel  at  any  foreign  port  clearing  for  any  port  or 
place'  in  the  United  States  shall  be  required  to  obtain 
from  the  consul,  vice-consul,  or  other  consular  officer  of 
the  United  States  at  the  port  of  departure,  or  from  the 
medical  officer  where  such  officer  has  been  detailed  by  the 
Pre:=ident  for  that  purpose,  a  bill  of  health,  in  duphcate, 
in  the  form  prescribed  by  the  Secretary  of  the  Treasury, 
setting  forth  the  sanitary  history  and  condition  of  said 
vessel,  and  that  it  has  in  all  respects  complied  with  the 
rules  and  regulations  in  such  cases  prescribed  for  securing 
the  best  sanitary  condition  of  the  said  A^essel,  its  cargo, 
passengers,  and  crew ;  and  said  consular  or  medical  officer 
is  required,  before  granting  such  duplicate  bill  of  health, 
to  be  satisfied  thatlhe  matters  and  things  therein  stated 
are  true;  and  for  his  services  in  that  behalf  he  shall  be 
entitled  to  demand  and  receive  such  fees  as  shall  by  law- 
ful regulation  be  allowed,  to  be  accounted  for  as  is  re- 
quired" in  other  cases. 
^  271 


Feb.  15,  1893. 


Sec.  2. 


272  KAVIGATION   LAWS    OF    THE   UNITED   STATES. 

The  President,  in  his  discretion,  is  authorized  to  detail 
any  medical  officer  of  the  Government  to  serve  in  the  office 
of  the  consul  at  an}^  foreign  port  for  the  purpose  of  fur- 
nishing information  and  making  the  inspection  and  giv- 
ing the  bills  of  health  hereinbefore  mentioned.  Any 
vessel  clearing  and  sailing  from  am^  such  port  without 
such  bill  of  health,  and  entering  any  port  of  the  United 
States,  shall  forfeit  to  the  United  States  not  more  than 
five  thousand  dollars,  the  amount  to  be  determined  by 
the  court,  which  shall  be  a  lien  on  the  same,  to  be  recov- 
ered by  proceedings  in  the  proper  district  court  of  the 
United  States.  In  all  such  proceedings  the  United  States 
district  attorney  for  such  district  shall  appear  on  behalf 
of  the  United  States;  and  all  such  proceedings  shall  be 
conducted  in  accordance  with  the  rules  and  laws  govern- 
ing cases  of  seizure  of  vessels  for  violation  of  the  revenue 
Aug.  18, 1894.  -..^^yg  Qf  |-ijg  United  States.  The  provisions  of  this  section 
shall  not  apply  to  vessels  plying  between  foreign  ports  on 
or  near  the  frontiers  of  the  United  States  and  ports  of 
the  United  States  adjacent  thereto;  but  the  Secretary  of 
the  Treasury  is  hereby  authorized,  when,  in  his  discretion, 
it  is  expedient  for  the  preservation  of  the  public  health, 
to  establish  regulations  governing  such  vessels. 
Feb.  15, 1803.  j^^j  yessel  Sailing  from  any  foreign  port  without  the 
Mar.  3,  1901.  ^^^^^  ^^  health  required  by  section  two  of  this  Act,  and 
*  arri\'ing  Vv  ithin  the  limits  of  any  collection  district  of  the 
United  States,  and  not  entering  or  attempting  to  enter 
any  port  of  the  United  States,  shall  be  subject  to  such 
quarantine  measures  as  shall  be  prescribed  by  regulations 
of  the  Secretary  of  the  Treasur}-,  and  the  cost  of  such 
measures  shall  be  a  lien  on  said  vessel,  to  be  recovered  by 
proceedings  in  the  proper  district  court  of  the  United 
States  and  in  the  manner  set  forth  above  as  regards  ves- 
sels from  foreign  ports  without  bills  of  health  and  enter- 
ing any  port  of  the  United  States. 

309.  Quarantine  regulations. 
Feb.^is,  1893.  The  Surgeoii-Geueral  of  the  Public-Health  and  Marine- 
Juiy  1,  1902.  ^^c)spital  Service  shall,  immediately  after  this  act  takes 
'  eifect,  examine  the  quarantine  regulations  of  all  State  and 
municipal  boards  of  health,  and  shall,  under  the  direction 
of  the  Secretary  of  the  Treasury,  cooperate  with  and  aid 
State  and  municipal  boards  of  health  in  the  execution  and 
enforcement  of  the  rules  and  regulations  of  such  boards 
and  in  the  execution  and  enforcement  of  the  rules  and 
regulations  made  by  the  Secretary  of  the  Treasury  to  pre- 
vent the  introduction  of  contagious  or  infectious  diseases 
into  the  United  States  from  foreign  countries,  and  into 
one  State  or  Territory  or  the  District  of  Columbia  from 
another  State  or  Territory  or  the  District  of  Columbia; 
and  all  rules  and  regulations  made  by  the  Secretary  of  the 
Treasury  shall  operate  uniformly  and  in  no  manner  dis- 
criminate against  any  port  or  place;  and  at  such  ports 
and  places  within  the  United  States  as  have  no  quarantine 


PAET   XXV. QUAKANTINE  AND   BILLS   OF   HEALTH.  273 

regulations  under  State  or  municipal  authority,  where 
such  regulations  are,  in  the  opinion  of  the  Secretar}^  of 
the  Treasury,  necessary  to  prevent  the  introduction  of 
contagious  or  infectious  diseases  into  the  United  States 
from  foreign  countries,  or  into  one  State  or  Territory  or 
the  District  of  Columbia  from  another  State  or  Territory 
or  the  District  of  Columbia,  and  at  such  ports  and  places 
within  the  United  States  where  quarantine  regulations 
exist  under  the  authority  of  the  S'tate  or  municipality 
which,  in  the  opinion  of  the  Secretary  of  the  Treasury, 
are  not  sufficient  to  prevent  the  introduction  of  such  dis- 
eases into  the  United  States,  or  into  one  State  or  Terri- 
tory or  the  District  of  Columbia  from  another  State  or 
Territory  or  the  District  of  Columbia,  the  Secretar}^  of 
the  Treasury  shall,  if  in  his  judgment  it  is  necessary  and 
proper,  make  such  additional  rules  and  regulations  as 
are  necessary  to  prevent  the  introduction  of  such  diseases 
into  the  United  States  from  foreign  countries,  or  into 
one  State  or  Territory  or  the  District  of  Columbia  from 
another  State  or  Territory  or  the  District  of  Columbia, 
and  when  said  rules  and  regulations  have  been  made  they 
shall  be  promulgated  b}^  the  Secretary  of  the  Treasury  and 
enforced  by  the  sanitary  authorities  of  the  States  and 
municipalities,  where  the  State  or  municipal  health  au- 
thorities will  undertake  to  execute  and  enforce  them ;  'but 
if  the  State  or  municipal  authorities  shall  fail  or  refuse 
to  enforce  said  rules  and  regulations  the  President  shall 
execute  and  enforce  the  same  and  adopt  such  measures  as 
in  his  judgment  shall  be  necessary  to  prevent  the  introduc- 
tion or  spread  of  such  diseases,  and  may  detail  or  appoint 
officers  for  that  purpose.  The  Secretary  of  the  Treasury 
shall  make  such  rules  and  regulations  as  are  necessary  to 
be  observed  by  vessels  at  the  port  of  departure  and  on  the 
voyage,  where  such  vessels  sail  from  any  foreign  port  or 
place  to  any  port  or  place  in  the  United  States,  to  secure 
the  best  sanitary  condition  of  such  vessel,  her  cargo,  pas- 
sengers, and  crew;  which  shall  be  published  and  com- 
municated to  and  enforced  by  the  consular  officers  of  the 
United  States.  None  of  the  penalties  herein  imposed  shall 
attach  to  any  vessel  or  owner  or  officer  thereof  until  a 
copy  of  this  act,  with  the  rules  and  regulations  made  in 
pursuance  thereof,  has  been  posted  up  in  the  office  of  the 
consul  or  other  consular  officer  of  the  United  States  for 
ten  days,  in  the  port  from  which  said  vessel  sailed ;  and 
the  certificate  of  such  consul  or  consular  officer  over  his 
official  signature  shall  be  competent  evidence  of  such  post- 
ing in  any  court  of  the  United  States. 

The  Secretary  of  the  Treasury  shall  from  time  to  time  Feb.  is,  i893. 
issue  to  the  consular  officers  of  the  United  States  and  to  ^^^-  »• 
the  medical  officers  serving  at  any  foreign  port,  and  other- 
wise made  publicly  known,  the  rules  and  regulations 
made  by  him,  to  be  used  and  complied  with  by  vessels  in 
foreign  ports,  for  securing  the  best  sanitary  condition 
96694°— 11 18 


274  NAVIGATION   LAWS    OF    THE   UNITED   STATES. 

of  such  vessels,  their  cargoes,  passengers,  and  crew,  be- 
fore their  departure  for  any  port  in  the  United  States,  and 
in  the  course  of  the  voyage ;  and  all  such  other  rules  and 
regulations  as  shall  be  observed  in  the  inspection  of  the 
same  on  the  arrival  thereof  at  any  quarantine  station 
at  the  port  of  destination,  and  for  the  disinfection  and 
isolation  of  the  same,  and  the  treatment  of  cargo  and 
persons  on  board,  so  as  to  prevent  the  introduction  of 
cholera,  yellow  fever,  or  other  contagious  or  infectious 
diseases;  and  it  shall  not  be  lawful  for  any  vessel  to  enter 
said  port  to  discharge  its  cargo,  or  land  its  passengers, 
except  upon  a  certificate  of  the  health  officer  at  such  quar- 
antine station  certifying  that  said  rules  and  regulations 
have  in  all  respects  been  observed  and  complied  with,  as 
well  on  his  part  as  on  the  part  of  the  said  vessel  raid  its 
master,  in  respect  to  the  same  and  to  its  cargo,  passen- 
gers, and  crew ;  and  the  master  of  every  such  vessel  shall 
produce  and  deliver  to  the  collectoi^  of  customs  at  said 
port  of  entry,  together  with  the  other  papers  of  the  ves- 
sel, the  said  bills  of  health  required  to  be  obtained  at  the 
port  of  departure  and  the  certificate  herein  required  to 
be  obtained  from  the  health  officer  at  the  port  of  entry; 
and  that  the  bills  of  health  herein  prescribed  shall  be  con- 
sidered as  part  of  the  ship's  papers,  and  when  duly  certi- 
fied to  by  the  proper  consular  officer  or  other  officer  of  the 
United  States,  over  his  official  signature  and  seal,  shall  be 
accepted  as  evidence  of  the  statements  therein  contained 
in  any  court  of  the  United  States. 

310.  Quarantine  inspection. 

Sec.  6.  On  the  arrival  of  an  infected  vessel  at  any  port  not 

provided  with  proper  facilities  for  treatment  of  the  same, 
the  Secretary  of  the  Treasury  may  remand  said  vessel,  at 
its  own  expense,  to  the  nearest  national  or  other  quaran- 
tine station,  where  accommodations  and  appliances  are 
provided  for  the  necessarj^  disinfection  and  treatment  of 
the  vessel,  passengers,  and  cargo;  and  after  treatment  of 
any  infected  vessel  at  a  national  quarantine  station,  and 
after  certificate  shall  have  been  given  by  the  United 
States  quarantine  officer  at  said  station  that  the  vessel, 
cargo,  and  passengers  are  each  and  all  free  from  infec- 
tious disease,  or  danger  of  conveying  the  same,  said  ves- 
sel shall  be  admitted  to  entry  to  any  port  of  the  United 
States  named  within  the  certificate.  But  at  any  ports 
where  sufficient  quarantine  provision  has  been  made  by 
State  or  local  authorities  the  Secretary  of  the  Treasury 
may  direct  vessels  bound  for  said  ports  to  undergo  quar- 
antine at  said  State  or  local  station. 

311.  Quarantine  anchorage. 

Feb.  15, 1893.      The  Surgeoii-General,  with  the  apjDroval  of  the  Secre- 
Sec.  10.  tary  of  the  Treasury,  is  authorized  to  designate  and  mark 

Mar.  3,  1901.  ^j^^  boundaries  of  the  quarantine  grounds  and  quarantine 


PAKT    XXV. QUARANTINE   AND   BILLS    OF    HEALTH.  275 

anchorages  for  vessels  which  are  reserved  for  use  at  each 
United  States  quarantine  station;  and  any  vessel  or  officer 
of  any  vessel  or  other  person,  other  than  State  or  munici- 
pal health  or  quarantine  officers,  trespassing  or  otherwise 
entering  upon  such  grounds  or  anchorages  in  disregard 
of  the  quarantine  rules  and  regTilations,  or  without  per- 
mission of  the  officer  in  charge  of  such  station,  shall  be 
deemed  guilty  of  a  misdemeanor  and  subject  to  arrest, 
and  upon  conviction  thereof  be  punished  by  a  fine  of  not 
more  than  three  hundred  dollars  or  imprisonment  for  not 
more  than  one  year,  or  both,  in  the  discretion  of  the  court. 
Any  master  or  owner  of  any  vessel,  or  any  person  vio- 
lating any  provision  of  this  Act  or  any  rule  or  regulation 
made  in  accordance  with  this  Act,  relating  to  inspection 
of  vessels  or  relating  to  the  prevention  of  the  introduc- 
tion of  contagious  or  infectious  diseases,  or  any  master, 
owner,  or  agent  of  any  vessel  making  a  false  statement 
relative  to  the  sanitary*^ condition  of  said  vessel  or  its  con- 
tents or  as  to  the  health  of  any  passenger  or  person 
thereon,  shall  be  deemed  guilty  of  a  misdemeanor  and 
subject  to  arrest,  and  upon  conviction  thereof  be  punished 
by  a  fine  of  not  more  than  five  hundred  dollars  or  im- 
prisonment for  not  more  than  one  year,  or  both,  in  the 
discretion  of  the  court. 
312.    Suspension  of  commerce. 

Whenever  it  shall  be  shoAvn  to  the  satisfaction  of  the  ^^^■^^>  18^3. 
President  that  by  reason  of  the  existence  of  cholera  or 
other  infectious  or  contagious  diseases  in  a  foreign  coun- 
try there  is  sericus  danger  of  the  introduction  of  the 
same  into  the  United  States,  and  that  notwithstanding 
the  quarantine  defense  this  danger  is  so  increased  by  the 
introduction  of  persons  or  property  from  such  country 
that  a  suspension  of  the  right  to  introduce  the  same  is 
demanded  in  the  interest  of^the  public  health,  the  Presi- 
dent shall  have  power  to  prohibit,  in  whole  or  in  part, 
the  introduction  of  persons  and  property  from  such  coim- 
tries  or  places  as  he  shall  designate  and  for  such  period 
of  time  as  he  may  deem  necessary. 

Whenever  it  shall  be  made  to  appear  to  the  satisfaction 
of  the  President  that  cholera,  yellow  fever,  small-pox  or 
plague  exists  in  any  State  or  Territory,  or  in  the  District 
of  Cohmibia,  and  that  there  is  danger  of  the  spread  of 
such  disease  into  other  States.  Territories,  or  the  District 
of  Columbia,  he  is  hereby  authorized  to  cause  the  Secre- 
tary of  the  Treasury  to  promulgate  such  rules  and  regu- 
lations as  in  his  judgment  may  be  necessary  to  prevent 
the  spread  of  such  disease  from  one  State  or  Territory 
into  another,  or  from  any  State  or  Territory  into  the  Dis- 
trict of  Columbia,  or  from  the  District  of  Columbia  into 
any  State  or  Territory,  and  to  employ  such  inspectors 
and  other  persons  as  may  be  necessary  to  execute  such 
regulations  to  prevent  the  spread  of  such  disease.     The 


Mar.  27,  1890. 


276  NAVIGATIOX   LAWS    OF   THE   UNITED   STATES. 

said  rules  and  regulations  shall  be  prepared  by  the  Snr- 
Juiy  1,  1902.  geon-General  of  the  Public  Health  and  Marine  Hospital 
Service  under  the  direction  of  the  Secretary  of  the  Treas- 
ury, and  any  person  who  shall  willfully  violate  any  rule 
or  regulation  so  made  and  promulgated  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  shall  be 
punished  b}^  a  fine  of  not  more  than  five  hundred  dollars, 
or  imprisonment  for  not  more  than  two  years,  or  both,  in 
the  discretion  of  the  court. 

313.  Penalties. 

Mar.  27, 1890.  Any  officer,  or  person  acting  as  an  officer,  or  agent  of 
the  United  States  at  any  quarantine  station,  or  other  per- 
son employed  to  aid  in  preventing  the  spread  of  such  dis- 
ease, who  shall  willfully  violate  any  of  the  quarantine 
laws  of  the  United  States,  or  any  of  the  rules  and  regula- 
tions made  and  promulgated  by  the  Secretary  of  the 
Treasury  as  provided  for  in  section  one  of  this  act,  or  any 
lawful  order  of  his  superior  officer  or  officers,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  j^unished  by  a  fine  of  not  more  than  three 
hundred  dollars  or  imprisonment  for  not  more  than  one 
year,  or  both,  in  the  discretion  of  the  court. 

Sec.  3.  When  any  common  carrier  or  officer,  agent,  or  employee 

of  any  common  carrier  shall  willfully  violate  any  of  the 
quarantine  laws  of  the  United  States,  or  the  rules  and 
regulations  made  and  promulgated  as  provided  for  in 
section  one  of  this  act.  such  common  carrier,  officer,  agent, 
or  employee  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  on  conviction,  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars,  or  imprisonment  for  not  more 
than  two  years  or  both,  in  the  discretion  of  the  court. 

Aug.  1,  1888.  Whenever  any  person  shall  trespass  upon  the  grounds 
belonging  to  any  quarantine  reservation,  *  *  *  such 
person,  trespassing,  *  *  ^  shall,  upon  conviction 
thereof,  pay  a  fine  of  not  more  than  three  hundred  dollars, 
or  be  sentenced  to  imprisonment  for  a  period  of  not  more 
than  thirty  days,  or  shall  be  piniished  by  both  fine  and 
imprisonment,  at  the  discretion  of  the  court.  And  it 
shall  be  the  duty  of  the  United  States  attorney  in  the 
district  where  the  misdemeanor  shall  have  been  com- 
mitted to  take  immediate  cognizance  of  the  offense,  upon 

July  1,  1902.  report  made  to  him  by  any  medical  officer  of  the  Public 
Health  and  Marine-Hospital  Service,  or  by  any  officer 
of  the  customs  service,  or  by  any  State  officer  acting  under 
authority  of  section  five  of  said  act. 

314.  state  health  laws. 

The  quarantines  and  other  restraints  established  by  the 
health-laws  of  any  State,  respecting  any  vessels  arriving 
in,  or  bound  to,  any  port  or  district  thereof,  shall  be  duly 
observed  by  the  officers- of  the  customs  revenue  of  the 
United  States,  by  the  masters  and  crews  of  the  several 


R.  S.,  4792. 


PART    XXV. QUARANTINE   AND   BILLS    OF    HEALTH.  277 

revenue-cutters,  and  by  the  military  officers  commanding 
in  any  fort  or  station  upon  the  sea-coast;  and  all  such 
officers  of  the  United  States  shall  faithfully  aid  in  the 
execution  of  such  quarantines  and  health-laws,  according 
to  their  respective  powers  and  within  their  respective 
precincts,  and  as  they  shall  be  directed,  from  time  to  time, 
by  the  Secretary  of  the  Treasury.  But  nothing  in  this 
Title  [R.S..  4792-4800]  shall  enable  any  State  to  collect 
a  duty  of  tonnage  or  im.post  without  the  consent  of 
Congress. 
315.   Removal  of  cargo. 

Whenever,  by  the  health-laws  of  any  State,  or  by  the  ^-  S-,  4793. 
regidations  made  pursuant  thereto,  any  vessel  arriving 
within  a  collection-district  of  such  State  is  prohibited 
from  coming  to  the  port  of  entry  or  delivery  by  law  estab- 
lished for  such  district,  and  such  health-laws  require  or 
permit  the  cargo  of  the  vessel  to  be  unladen  at  some  other 
place  within  or  near  to  such  district,  the  collector,  after 
due  report  to  him  of  the  whole  of  such  cargo,  may  grant 
his  warrant  or  permit  for  the  unlading  and  discharge 
thereof,  under  the  care  of  the  surveyor,  or  of  one  or  more 
inspectors,  at  some  other  place  where  such  health-laws 
permit,  and  upon  the  conditions  and  restrictions  which 
shall  be  directed  by  the  Secretary  of  the  Treasury,  or 
which  such  collector  may,  for  the  time,  deem  expedient 
for  tlie  security  of  the  public  revenue. 

There  shall  be  purchased  or  erected,  under  the  orders  of  ^^-  ^^  ^^^^• 
the  President,  suitable  warehouses,  with  wharves  and 
in  closures,  where  merchandise  may  be  unladen  and  de- 
posited, from  any  vessel  which  shall  be  subject  to  a  quar- 
antine, or  other  restraint,  pursuant  to  the  health-laws  of 
any  State,  at  such  convenient  places  therein  as  the  safety 
of  the  public  revenue  and  the  observance  of  such  health- 
laws  may  require. 

AYhenever  the  cargo  of  a  vessel  is  unladen  at  some  other  ^-  s.,  479o. 
place  than  the  port  of  entry  or  delivery  under  the  fore- 
going ])rovisions,  all  the  articles  of  such  caro-o  shnll  be 
deposited,  at  the  risk  of  the  parties  concerned  therein,  in 
such  public  or  other  warehouses  or  inclosures  as  the  col- 
lector shall  designate,  there  to  remain  under  the  joint  cus- 
tody of  such  collector  and  of  the  OAvner,  or  master,  or 
other  person  having  charge  of  such  vessel,  until  the  same 
are  entirely  unladen  or  discharged,  and  uutil  the  articles 
so  deposited  may  be  safely  removed  without  contravening 
such  health-laws.  And  when  such  removal  is  allowed,  the 
collector  having  charge  of  such  articles  may  grant  per- 
mits to  the  respective  "owners  or  consignees,  their  factors 
or  agents,  to  receive  all  merchandise  which  has  been 
entered,  and  the  duties  accruing  upon  which  have  been 
paid,  upon  the  payment  by  them  of  a  reasonable  rate  of 
storage;  which  shall  be  fixed  by  the  Secretary  of  the 
Treasury  for  all  public  warehouses  and  inclosures. 


278  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

R.  s.,  4796.  Xhe  Secretary  of  the  Treasury  is  authorized,  whenever 
a  conformity  to  such  quarantines  and  health-hiws  requires 
it,  and  in  respect  to  vessels  subject  thereto,  to  prolong  the 
terms  limited  for  the  entry  of  the  same,  and  the  report  or 
entry  of  their  cargoes,  and  to  vary  or  dispense  with  any 
other  regulations  applicable  to  such  reports  or  entries. 
No  part  of  the  cargo  of  any  vessel  shall,  however,  in  any 
case,  be  taken  out  or  unladen  therefrom,  otherwise  than 
is  allowed  by  law,  or  according  to  the  regulations  herein- 
after established. 

316.  Removal  of  custom-house. 

R.  s..  4797.  Whenever,  by  the  prevalence  of  any  contagious  or  epi- 
demic disease  in  or  near  the  j^lace  by  law  established  as 
the  port  of  entry  for  any  collection-district,  it  becomes 
dangerous  or  inconvenient  for  the  officers  of  the  revenue 
employed  therein  to  continue  the  discharge  of  their 
respective  offices  at  such  port,  the  Secretary  of  the  Treas- 
ury, or,  in  his  absence,  the  Comptroller,  ma}^  direct  the 
removal  of  the  officers  of  the  revenue  from  such  port  to 
any  other  more  convenient  place,  within,  or  as  near  as 
may  be  to,  such  collection-district.  And  at  such  place 
such  officers  may  exercise  the  same  powers,  and  shall  be 
liable  to  the  same  duties,  according  to  existing  circum- 
stances, as  in  the  port  or  district  established  by  law. 
Public  notice  of  any  such  removal  shall  be  given  as  soon 
as  may  be. 

317.  National  quarantine. 

June  19, 1900.  Xhe  Secretary  of  the  Treasury  shall  have  the  control, 
direction,  and  management  of  all  quarantine  stations, 
grounds,  and  anchorages  established  by  authority  of  the 
United  States,  and  as  soon  as  practicable  after  the  ap- 
proval of  this  Act  shall  select  and  designate  such  suitable 
l)laces  for  them  and  establish  the  same  at  such  points  on 
or  near  the  coast  line  of  the  United  States  or  the  border 
of  the  United  States  and  a  foreign  countiw,  as  in  his  judg- 
ment are  best  suited  for  the  same  and  necessary  to  prevent 
the  introduction  of  yellow  fever  into  the  United  States, 
and,  in  his  discretion,  he  may  also  establish  at  the  group 
of  islands  known  as  the  Dry  Tortugas,  at  the  western  end 
of  the  Florida  reef,  and  at  such  other  point  or  points  on 
or  near  the  coast  line  of  the  United  States  (not  to  exceed 
four  in  the  aggregate)  as  he  deems  necessary,  quarantine 
grounds,  stations,  and  anchorages,  whereat  or  Avhereto 
infected  vessels  bound  for  any  port  in  the  United  States 
may  be  detained  or  sent  for  the  purpose  of  being  disin- 
fected, having  their  cargoes  disinfected  and  discharged, 
if  necessary,  and  their  sick  treated  in  hospitals  until  all 
danger  of  infection  or  contagion  from  such  vessels,  their 
cargoes,  passengers,  or  crews  has  been  removed. 

Sec.  3.  On   acquiring  possession   of   any   land   and   water   in 

accordance  with  the  provisions  of  this  Act  for  the  purpose 


Sec.  4. 


PART  XXV. QUARANTINE   AND   BILLS    OF   HEALTH.  279 

of  establishing  thereat  a  quarantine  station  and  anchor- 
age, the  Secretary  of  the  Treasury  shall  cause  to  be  pub- 
lished in  such  newspapers  as  he  may  think  proper,  once  a 
week  for  four  successive  weeks,  a  notice  oi  the  selection 
and  designation  of  such  places  for  quarantine  stations  and 
anchorages,  with  a  description  of  the  boundaries  of  such 
quarantine  stations  and  anchorages,  and  such  rules  and 
regulations  as  he  shall  adopt  and  promulgate,  requiring 
vessels  with  yellow  fever  among  their  passengers  or 
crews  to  go  to  sj^ecified  quarantine  stations  and  anchor- 
ages, to  be  dealt  vrith  there  before  visiting  any  port  of  the 
United  States.  He  shall  establish  at  such  quarantine 
stations  and  anchorages  all  necessary  instrumentalities 
for  disinfecting  vessels  and  their  cargoes,  and  where  the 
same  shall  be  required  shall  erect  the  necessary  hospital 
buildings  and  install  the  necessary  furniture  and  fittings 
for  receiving  and  treating  the  sick  among  the  pasengers 
and  crews  of  vessels  going  to  such  quarantine  stations 
and  anchorages,  and  provide  for  the  separation  of  those 
among  their  passengers  and  crews  who  are  suffering  from 
yellow  fever  from  those  who  are  in  good  health,  and  shall 
further  provide  for  doing  all  things  necessary  to  eradicate 
such  disease  from  such  vessels,  their  cargoes,  passengers. 
and  crews. 

Any  vessel,  or  any  officer  of  any  vessel,  or  other  person 
other  than  State  health  or  quarantine  officers,  entering 
within  the  limits  of  any  quarantine  grounds  and  anchor- 
ages, or  any  quarantine  station  and  anchorage,  or  depart- 
ing therefrom,  in  disregard  of  the  quarantine  rules  and 
regulations  or  without  the  permission  of  the  officer  in 
charge  of  such  quarantine  ground  and  anchorage,  or  of 
such  quarantine  station  and  anchorage,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a  fine  of  not  more  than  three  hun- 
dred dollars  or  by  imprisonment  for  not  more  than  one 
year,  or  both,  in  the  discretion  of  the  court.  That  any 
master  or  owner  of  any  vessel  violating  any  provision  of 
this  Act,  or  any  provision  of  an  Act  entitled  "An  Act 
granting  additional  powers  and  imposing  additional 
duties  on  the  Marine-Hospital  Service,"  approved  Feb- 
ruary fifteenth,  eighteen  hundred  and  ninety-three,  or 
violating  any  rule  or  regulation  made  in  accordance  with 
this  Act  or  said  Act  of  February  fifteenth,  eighteen  hun- 
dred and  ninety- three,  relating  to  the  inspection  of  ves- 
sels, or  to  the  prevention  of  the  introduction  of  contagious 
or  infectious  diseases  into  the  United  States,  or  any  mas- 
ter, owner,  or  agent  of  any  vessel  making  a  false  state- 
ment relative  to  the  sanitary  condition  of  such  vessel  or 
its  contents,  or  as  to  the  health  of  any  passenger  or  person 
thereon  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars  or  imprisonment  for  not 
more  than  one  year,  or  both,  in  the  discretion  of  the  court. 


280  NAVIGATION   LAV/S    OF    THE   UNITED    STATES. 

Sec.  5.  In  any  place  where  a  quarantine  station  and  plant  is 

already  established  by  State  or  local  authorities  it  shall 
be  the  duty  of  the  Secretary  of  the  Treasury,  before 
selecting  and  designating  a  quarantine  station  and 
grounds  and  anchorage  for  vessels,  to  examine  such  estab- 
lished stations  and  plants,  with  a  view  of  obtaining  a 
transfer  of  the  site  and  plants  to  the  United  States,  and 
whenever  the  23roper  authorities  shall  be  ready  to  transfer 
the  same  or  surrender  the  use  thereof  to  the  United  States, 
the  Secretary  of  the  Treasury  is  authorized  to  obtain  title 
thereto  or  j^ossession  and  use  thereof,  and  to  pay  a  reason- 
able compensation  therefor,  if,  in  his  opinion,  such  pur- 
chase or  use  will  be  necessary  to  the  United  States  for 
quarantine  purposes  and  the  quarantine  stations  estab- 
lished by  authority  of  this  Act  shall,  when  so  established, 
be  used  to  prevent  the  introduction  of  all  quarantinable 
diseases. 


Part  XXVI.— IMMIGRATION. 


330.  Frontier  inspection. 

331.  Scope. 

332.  Place  of  deportation. 

333.  Place  of  entry. 

334.  Special  classes. 

335.  Anarchists. 

336.  Foreign  officials. 

337.  Miscellaneous. 

338.  Immigration  to  Philippines. 

339.  Registry    and    naturalization 

immigrants. 


318.  Head  tax. 

319.  Insular  territory. 

320.  Excluded  classes. 

321.  Contract  labor. 

322.  Assisted  immigrants. 

323.  Illegal  landing. 

324.  Diseased  immigrants. 

325.  Manifest  of  aliens. 

326.  Inspection  of  aliens. 

327.  Detention  on  board.  339.  Registry    and    naturalization    of 

328.  Deportation. 

329.  Public  charges. 

318.   Head  tax. 

There  shall  be  levied,  collected,  and  paid  a  tax  of  four  Feb.  20,  1907. 
dollars  for  every  alien  entering  the  United  States.  The 
said  tax  shall  be  paid  to  the  collector  of  customs  of  the 
port  or  customs  district  to  which  said  alien  shall  come,  or, 
if  there  be  no  collector  at  such  port  or  district,  then  to  the 
collector  nearest  thereto,  by  the  master,  agent,  owner,  or 
consignee  of  the  vessel,  transportation  line,  or  other  con- 
veyance or  vehicle  bringing  such  alien  to  the  United 
States. 

All  head  tax  collected  pursuant  to  the  provisions  of 
section  one  of  the  said  Act  of  February  twentieth,  nine- 
teen hundred  and  seven,  together  with  all  fines,  rentals 
collected,  and  moneys  received  from  other  sources  under 
the  laws  regulating  the  immigration  of  aliens  into  the 
United  States,  shall  be  covered  into  the  Treasury  to  the 
credit  of  miscellaneous  receipts. 

The  tax  imposed  by  this  section  shall  be  a  lien  upon  the 
vessel,  or  other  vehicle  of  carriage  or  transportation 
bringing  such  aliens  to  the  United  States,  and  shall  be  a 
debt  in  favor  of  the  United  States  against  the  owner  or 
owners  of  such  vessel,  or  other  vehicle,  and  the  payment 
of  such  tax  may  be  enforced  by  any  legal  or  equitable 
remedy.  That  the  said  tax  shall  not  be  levied  upon  aliens 
who  shall  enter  the  United  States  afler  an  uninterrupted 
residence  of  at  least  one  year,  immediately  preceding  such 
entrance,  in  the  Dominion  of  Canada,  Newfoundland,  the 
Kepublic  of  Cuba,  or  the  Republic  of  Mexico,  nor  upon 

281 


Mar.  4,  1909. 


282  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

otherwise  admissible  residents  of  any  possession  of  the 
United  States,  nor  upon  aliens  in  transit  through  the 
United  States,  nor  upon  aliens  who  have  been  lawfully 
admitted  to  the  United  States  and  who  later  shall  go  in 
transit  from  one  part  of  the  United  States  to  another 
through  foreign  contiguous  territory:  Provided,  That  the 
Commissioner-General  of  Immigration,  under  tiie  direc- 
tion or  with  the  approval  of  the  Secretary  of  Commerce 
and  Labor,  by  agreement  with  transportation  lines,  as 
provided  in  section  thirty-two  of  this  Act,  may  arrange  in 
some  other  manner  for  the  payment  of  the  tax  imposed 
by  this  section  upon  any  or  all  aliens  seeking  admission 
from  foreign  contiguous  territory. 

319.  Insular  territory. 

Provided  further^  That  the  provisions  of  this  section 
shall  not  apply  to  aliens  arriving  in  Guam,  Porto  Rico, 
or  Hawaii;  but  if  any  such  alien,  not  having  become  a 
citizen  of  the  United  States,  shall  later  arrive  at  any  port 
or  place  of  the  United  States  on  the  North  American 
Continent  the  provisions  of  this  section  shall  apply: 
Provided'  further^  That  whene\^r  the  President  shall  ho, 
satisfied  that  passports  issued  by  any  foreign  government 
to  its  citizens  to  go  to  anj^  country  other  than  the  United 
States  or  to  ajiy  insular  possession  of  the  United  States 
or  to  the  Canal  Zone  are  being  used  for  the  purpose  of 
enabling  the  holders  to  come  to  the  continental  territoiy 
of  the  United  States  to  the  detriment  of  labor  conditions 
therein,  the  President  may  refuse  to  permit  such  citizens 
of  the  country  issuing  such  passports  to  enter  the  con- 
tinental territory  of  the  United  States  from  such  other 
country  or  from  such  insular  possessions  or  from  the 
Canal  Zone. 

320.  Excluded  classes. 

Feb.  20,  1907.  Xhe  following  classes  of  aliens  shall  be  excluded  from 
aiar."26, 1910.  admission  into  the  United  States :  All  idiots,  imbeciles, 
feeble-minded  persons,  epileptics,  insane  persons,  and  per- 
sons who  have  been  insane  within  five  years  preA^ous; 
persons  who  have  had  two  or  more  attacks  of  insanity  at 
any  time  previously;  paupers;  persons  likely  to  become 
a  public  charge;  professional  beggars;  persons  afflicted 
with  tuberculosis  or  with  a  loathsome  or  dangerous  con- 
tagious disease;  persons  not  comprehended  within  any  of 
the  foregoing  excluded  classes  who  are  found  to  be  and 
are  certified  by  the  examining  surgeon  as  being  mentally 
or  physically  defective,  such  mental  or  physical  defect 


PAET   XXVI. IMMIGRATION.  283 

being  of  a  nature  which  may  affect  tlie  abilit}^  of  such 
alien  to  earn  a  living;  persons  who  have  been  convicted 
of  or  admit  having  committed  a  felony  or  other  crime  or 
misdemeanor  involving  moral  turpitude;  polygamists,  or 
persons  who  admit  their  belief  in  the  practice  of  polyg- 
amy; anarchists,  or  persons  who  believe  in  or  advocate 
the  overthroAv  by  force  or  violence  of  the  Government  of 
the  United  States,  or  of  all  government,  or  of  all  forms 
of  law,  or  the  assassination  of  public  officials;  prostitutes, 
or  women  or  girls  coming  into  the  United  States  for  the 
purpose  of  prostitution  or  for  any  other  immoral  pur- 
pose; persons  vdio  are  supported  by  or  receive  in  whole 
or  in  part  the  proceeds  of  prostitution ;  persons  who  pro- 
cure or  attempt  to  bring  in  prostitutes  or  women  or  girls 
for  the  purpose  of  prostitution  or  for  any  other  immoral 
purpose;  persons  hereinafter  called  contract  laborers  who 
liave  been  induced  or  solicited  to  migrate  to  this  country 
by  offers  or  promises  of  employment  or  in  consequence 
of  agreements,  oral,  written  or  printed,  expressed  or  im- 
plied, to  perform  labor  in  this  country  of  any  kind,  skilled 
or  unskilled ;  those  who  have  been,  within  one,  j^ear  from 
the  date  of  application  for  admission  to  the  United  States, 
deported  as  having  been  induced  or  solicited  to  migrate 
as  above  described;  any  person  v^hose  ticket  or  passage  is 
paid  for  with  the  money  of  another,  or  who  is  assisted  by 
others  to  come,  unless  it  is  affirmatively  and  satisfactorily 
shown  that  such  person  does  not  belong  to  one  of  the  fore- 
going excluded  classes  and  that  said  ticket  or  passage  was 
not  paid  for  by  any  corporation,  association,  society, 
municipality,  or  foreign  government,  either  directly  or 
indirectly;  all  children  under  sixteen  years  of  age  unac- 
companied by  one  or  both  of  their  parents,  at  the  discre- 
tion of  the  Secretary  of  Commerce  and  Labor  or  under 
such  regulations  as  he  may  from  time  to  time  prescribe: 
Provided^  That  nothing  in  this  Act  shall  exclude,  if  other- 
wise admissible,  persons  convicted  of  an  offense  purely 
political, not  involving  moral  turpitude :  Provided  further^ 
That  the  provisions  of  this  section  relating  to  the  pay- 
ments for  tickets  or  passage  by  any  corporation,  associa- 
tion, society,  municipality,  or  foreign  government  shall 
not  apply  to  the  tickets  or  passage  of  aliens  in  immediate 
and  continuous  transit  through  the  United  States  to  for- 
eign contiguous  territory:  And  provided  further^  That 
skilled  labor  may  be  imported  if  labor  of  like  kind  un- 
employed can  not  be  found  in  this  country :  And  provided 
further^  That  the  provisions  of  this  law  applicable  to  con- 
tract labor  shall  not  be  held  to  exclude  professional  actors, 


284  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

artists,  lecturers,  singers,  ministers  of  any  religious  de- 
nomination, professors  for  colleges  or  seminaries,  persons 
belonging  to  any  recognized  learned  j^rofession,  or  persons 
emjDloyed  strictly  as  personal  or  domestic  servants. 
Feb.  20,  1907.      ^lie  importation  into  the  United  States  of  any  alien 
M^ar.^26, 1910.  ^^^'  ^^^®  purpose  of  prostitution  or  for  any  other  immoral 
Sec.  3.  '  purpose  is  hereby  forbidden ;  and  whoever  shall,  directly 

or  indirectly,  import,  or  attempt  to  import,  into  the 
United  States,  any  alien  for  the  purpose  of  prostitution 
or  for  any  other  immoral  purpose,  or  whoever  shall  hold 
or  attempt  to  hold  any  alien  for  any  such  purpose  in  pur- 
suance of  such  illegal  importation,  or  whoever  shall  keep, 
maintain,  control,  support,  employ,  or  harbor  in  any 
house  or  other  place,  for  the  purpose  of  prostitution  or 
for  any  other  immoral  purpose,  in  pursuance  of  such 
illegal  importation,  any  alien,  shall,  in  every  such  case  be 
deemed  guilty  of  a  felony,  and  on  conviction  thereof  be 
imprisoned  not  more  than  ten  years  and  pay  a  fine  of  not 
more  than  five  thousand  dollars.  Jurisdiction  for  the 
trial  and  punishment  of  the  felonies  hereinbefore  set 
forth  shall  be  in  any  district  to  or  into  which  said  alien 
is  brought  in  pursuance  of  said  importation  by  the  person 
or  persons  accused,  or  in  any  district  in  which  a  viola- 
tion of  any  of  the  foregoing  provisions  of  this  section 
occur.  Any  alien  who  shall  be  found  an  inmate  of  or 
connected  with  the  management  of  a  house  of  prostitu- 
tion or  practicing  prostitution  after  such  alien  shall  have 
entered  the  United  States,  or  who  shall  receive,  share  in, 
or  derive  benefit  from  any  part  of  the  earnings  of  any 
prostitute;  or  who  is  employed  by,  in,  or  in  connection 
with  any  house  of  prostitution  or  music  or  dance  hall  or 
other  place  of  amusement  or  resort  habitually  frequented 
by  prostitutes,  or  where  prostitutes  gather,  or  who  in  any 
way  assists,  protects,  or  promises  to  protect  from  arrest 
any  prostitute,  shall  be  deemed  to  be  unlawfully  within 
the  United  States  and  shall  be  deported  in  the  manner 
provided  by  sections  tvrenty  and  twenty-one  of  this  Act. 
That  any  alien  who  shall,  after  he  has  been  debarred  or 
deported  in  pursuance  of  the  provisions  of  this  section,  at- 
tempt thereafter  to  return  to  or  to  enter  the  United  States 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  im- 
prisoned for  not  more  than  two  years.  Any  alien  who 
shall  be  convicted  under  any  of  the  provisions  of  this  sec- 
tion shall,  at  the  expiration  of  his  sentence,  be  taken  into 
custody  and  returned  to  the  country  whence  he  came,  or 
of  which  he  is  a  subject  or  a  citizen  in  the  manner  pro- 
vided in  sections  twenty  and  twenty-one  of  this  Act.  In 
all  prosecutions  under  this  section  the  testimony  of  a  hus- 
band or  wife  shall  be  admissible  and  competent  evidence 
against  a  wife  or  husband. 


PART   XXVI. IMMIGRATION.  285 

321.  Contract  labor. 

It  shall  be  a  misdemeanor  for  any  person,  company,  Feb.  20, 1907. 
partnership,  or  corporation,  in  any  manner  whatsoever,  see.  4. 
to  prepay  the  transportation  or  in  any  way  to  assist  or 
encourage  the  importation  or  migration  of  any  contract 
laborer  or  contract  laborers  into  the  United  States,  unless 
such  contract  laborer  or  contract  laborers  are  exempted 
under  the  terms  of  the  last  two  provisos  contained  in  sec- 
tion two  of  this  Act. 

322.  Assisted  immigrants. 

For  every  violation  of  any  of  the  provisions  of  section  ^ec  5. 
four  of  this  Act  the  persons,  partnership,  company,  or 
corporation  violating  the  same,  by  knowingly  assisting, 
encouraging,  or  soliciting  the  migration  or  importation 
of  any  contract  laborer  into  the  United  States  shall  for- 
feit and  pay  for  every  such  offense  the  sum  of  one  thou- 
sand dollars,  which  may  be  sued  for  and  recovered  by  the  . 
United  States,  or  by  any  person  who  shall  first  bring  his 
action  therefor  in  his  own  name  and  for  his  own  benefit, 
including  any  such  alien  thus  promised  labor  or  service 
of  any  kind  as  aforesaid,  as  debts  of  like  amount  are  now 
recovered  in  the  courts  of  the  United  States;  and  sepa- 
rate suits  may  be  brought  for  each  alien  thus  promised 
labor  or  service  of  any  kind  as  aforesaid.  And  it  shall 
be  the  duty  of  the  district  attorney  of  the  proper  district 
to  prosecute  every  such  suit  when  brought  by  the  United 
States. 

It  shall  be  unlawful  and  be  deemed  a  violation  of  sec-  sec.  6. 
tion  four  of  this  Act  to  assist  or  encourage  the  importa- 
tion or  migration  of  any  alien  by  promise  of  employment 
through  advertisements  printed  and  published  in  any 
foreign  country;  and  any  alien  coming  to  this  country 
in  consequence  of  such  an  advertisement  shall  be  treated 
as  coming  under  promise  or  agreement  as  contemplated 
in  section  two  of  this  Act,  and  the  penalties  imposed  by 
section  five  of  this  Act  shall  be  applicable  to  such  a  case : 
Provided^  That  this  section  shall  not  apply  to  States  or 
Territories,  the  District  of  Columbia,  or  places  subject  to 
the  jurisdiction  of  the  United  States  advertising  the  in- 
ducements they  offer  for  immigratioh  thereto,  respec- 
tively. 

No  transportation  company  or  owner  or  owners  of  ves-  See.  7. 
sels,  or  others  engaged  in  transporting  aliens  into  the 
United  States,  shall,  directly  or  indirectly^  either  by 
writing,  printing,  or  oral  representation,  solicit,  invite,  or 
encourage  the  immigration  of  any  aliens  into  the  United 
States,  but  this  shall  not  be  held  to  prevent  transport  a- 


286  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

tion  companies  from  issuing  letters,  circulars,  or  adver- 
tisements, stating  the  sailings  of  their  ve^ssels  and  terms 
and  facilities  of  transportation  therein;  and  for  a  viola- 
tion of  this  provision,  any  such  transportation  company, 
and  any  such  owner  or  ov,  ners  of  vessels,  and  all  others 
.  engaged  in  transporting  aliens  into  the  United  States,  and 
the  agents  by  them  employed,  shall  be  severally  subjected 
to  the  penalties  imposed  by  section  five  of  this  Act. 

323.    Illegal  landing-. 

^^^■^'  Any  person,  including  the  master,   agent,   owner,  or 

consignee  of  any  vessel,  who  shall  bring  into  or  land  in 
the  United  States,  by  vessel  or  otherwise,  or  who  shall 
attempt,  by  himself  or  through  another,  to  bring  into  or 
land  in  the  United  States,  hj  vessel  or  otherwise,  any 
alien  not  duly  admitted  by  an  immig-rant  inspector  or  not 
lawfully  entitled  to  enter  the  United  States  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall,  on  convic- 
tion, be  jDunished  by  a  fine  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  for  a  term  not  exceeding 
two  years,  or  by  both  such  fine  and  imprisonment  for 
each  and  every  alien  so  landed  or  brought  in  or  attempted 
to  be  landed  or  brought  in. 
£34.    Diseased  ininiigra,nts. 

^^c-  ^-  It  shall  be  unlawful   for  any  person,  including  any 

transportation  company  other  than  railway  lines  entering 
the  United  States  from  foreign  contiguous  territory,  or 
the  owner,  master,  agent,  or  consignee  of  any  vessel  to 
bring  to  the  United  States  any  alien  subject  to  any  of  the 
following  disabilities:  Idiots,  imbeciles,  epileptics,  or 
persons  afHicted  with  tuberculosis  or  with  a  loathsome  or 
dangerous  contagious  disease,  and  if  it  shall  appear  to  the 
satisfaction  of  the  Secretary  of  Commerce  and  Labor  that 
any  alien  so  brought  to  the  United  States  was  aillicted 
with  any  of  the  said  diseases  or  disabilities  at  the  time  of 
foreign  embarkation  and  that  the  existence  of  such  dis- 
ease or  disability  might  have  been  detected  by  means  of  a 
competent  medical  examination  at  such  time,  such  person 
or  transportation  company,  or  the  master,  agent,  owner,  or 
consignee  of  any  such  vessel  shall  pay  to  the  collector  of 
customs  of  the  customs  district  in  which  the  port  of  ar- 
rival is  located  the  sum  of  one  hundred  dollars  for  each 
and  every  violation  of  the  provisions  of  this  section ;  and 
no  vessel  shall  be  granted  clearance  papers  pending  the 
determination  of  the  question  of  the  liability  to  the  pay- 
ment of  such  fine,  ancl  in  the  event  such  fine  is  imposed, 
•while  it  remains  unpaid,  nor  shall  such  fine  be  remitted 
or  refunded:  Provided,  That  clearance  nuiy  be  granted 


PART   XXVI. IMMIGRATION.  287 

prior  to  the  determination  of  such  questions  upon  the  de- 
posit of  a  sum  sufficient  to  cover  such  fine  and  costs,  such 
sum  to  be  named  by  the  Secretary  of  Commerce  and 
Labor. 

The  decision  of  the  board  of  special  inquiry,  herein-  See.  lo. 
after  provided  for,  based  upon  the  certificate  of  the  exam- 
ine: medical  officer,  shall  be  final  as  to  the  rejection  of 
aliens  alfected  with  tuberculosis  or  with  a  loathsome  or 
dangerous  contagious  disease,  or  with  any  mental  or 
physical  disability  which  would  bring  such  aliens  within 
an}^  of  tlie  classes  excluded  from  admission  to  the  United 
States  under  section  two  of  this  Act. 

Upon  the  certificate  of  a  medical  officer  of  the  United  ^ec.  ii. 
States  Public  Health  and  Marine  Hospital  Service  to 
the  effect  that  a  rejected  alien  is  helpless  from  sick- 
ness, mental  or  physical  disabilit}',  or  infancy,  if  snch 
alien  is  accompanied  by  another  alien  whose  protection 
or  guardianship  is  required  by  such  rejected  alien,  such 
accompanying  alien  may  also  be  excluded,  and  the  mas- 
ter, agent,  owner,  or  consignee  of  the  vessel  in  which  such 
alien  and  accompanying  alien  are  brought  shall  be  re- 
quired to  return  said  alien  and  accompanying  alien  in  the 
same  manner  as  vessels  are  required  to  return  other 
rejected  aliens. 

325.    Manifest  of  aliens. 

Upon  the  arrival  of  any  alien  by  water  at  any  port  ^^^c.  12. 
within  the  United  States  it  shall  be  the  duty  of  the 
master  or  commanding  officer  of  the  steamer,  sailing  or 
other  vessel  having  said  alien  on  board  to  deliver  to  the 
immigration  officers  at  the  port  of  arrival  lists  or  mani- 
fests made  at  the  time  and  place  of  embarkation  of  such 
alien  on  board  such  steamer  or  vessel,  which  shall,  in 
answer  to  questions  at  the  top  of  said  list,  state  as  to  each 
alien 'the  full  name,  age,  and  sex;  whether  married  or 
single ;  the  calling  or  occupation ;  whether  able  to  read  or 
write;  the  nationality;  the  race;  the  last  residence;  the 
name  and  address  of  the  nearest  relative  in  the  country 
from  which  the  alien  came;  the  seaport  for  landing  in 
the  United  States;  the  final  destination,  if  any,  beyond 
the  port  of  landing;  whether  having  a  ticket  through  to 
such  final  destination;  whether  the  alien  has  paid  his  own 
passage  or  whether  it  has  been  paid  by  any  other  person 
or  by  any  corporation,  society,  municipality,  or  govern- 
ment, and  if  so,  by  vrhom;  whether  in  possession  of  fifty 
dollars,  and  if  less,  how  much;  whether  going  to  join  a 
relative  or  friend,  and  if  so,  what  relative  or  friend,  and 
his  or  her  name  and  complete  address;  whether  ever 
before  in  the  United  States,  and  if  so,  when  and  where; 
whether  ever  in  prison  or  almshouse  or  an  institution  or 


288  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

hospital  for  the  care  and  treatment  of  the  insane  or  sup- 
ported by  charity;  whether  a  polygamist;  whether  an 
an?lrchist;  whether  coming  by  reason  of  any  offer,  solic- 
itation, promise,  or  agreement,  express  or  implied,  to  per- 
form labor  in  the  United  States,  and  what  is  the  alien's 
condition  of  health,  mental  and  physical,  and  whether 
deformed  or  crippled,  and  if  so,  for  how  long  and  from 
what  cause ;  that  it  shall  further  be  the  duty  of  the  mas- 
ter or  commanding  officer  of  every  vessel  taking  alien 
passengers  out  of  the  United  States,  from  any  port 
thereof,  to  file  before  departure  therefrom  with  the  col- 
lector of  customs  of  such  port  a  complete  list  of  all  such 
alien  passengers  taken  on  board.  Such  list  shall  contain 
the  name,  age,  sex,  nationality,  residence  in  the  United 
States,  occupation,  and  the  time  of  last  arrival  of  every 
such  alien  in  the  United  States,  and  no  master  of  any 
such  vessel  shall  be  granted  clearance  papers  for  his  vessel 
until  he  has  deposited  such  list  or  lists  with  the  collector 
of  customs  at  the  port  of  departure  and  made  oath  that  they 
are  full  and  complete  as  to  the  name  and  other  informa- 
tion herein  required  concerning  each  alien  taken  on  board 
his  vessel ;  and  any  neglect  or  omission  to  comply  with  the 
requirements  of  this  section  shall  be  punishable  as  pro- 
vided in  section  fifteen  of  this  Act.  That  the  collector  of 
customs  with  whom  any  such  list  has  been  deposited  in 
accordance  with  the  provisions  of  this  section,  shall 
promptly  notify  the  Commissioner-General  of  Immigra- 
tion that  such  list  has  been  deposited  with  him  as  pro- 
vided, and  shall  make  such  further  disposition  thereof 
as  may  be  required  by  regulations  to  be  issued  by  the 
Commissioner-General  of  Immigration  with  the  approval 
of  the  Secretary  of  Commerce  and  Labor :  Provided^  That 
in  the  case  of  vessels  making  regular  trips  to  ports  of  the 
United  States  the  Commissioner-General  of  Immigra- 
tion, with  the  approval  of  the  Secretary  of  Commerce 
and  Labor,  may,  when  expedient,  arrange  for  the  deliv- 
ery of  such  lists  of  outgoing  aliens  at  a  later  date: 
Provided  further^  That  it  shall  be  the  duty  of  the  master 
or  commanding  officer  of  any  vessel  sailing  from  ports  in 
the  Philippine  Islands,  Guam,  Porto  Kico,  or  HaAvaii  to 
any  port  of  the  United  States  on  the  North  American 
Continent  to  deliver  to  the  immigration  officers  at  the 
port  of  arrival  lists  or  manifests  made  at  the  time  and 
place  of  embarkation,  giving  the  names  of  all  aliens  on 
board  said  vessel. 
Mar.  4,  1909.  Until  the  provisions  of  section  twelve  of  the  immigra- 
tion Act  of  February  twentieth,  nineteen  hundred  and 
seven,  relating  to  outward  alien  manifests,  shall  be  made 
applicable  to  passengers  going  out  of  the  United  States 
to  Canada  by  land  carriage,  said  provisions  shall  not 
apply  to  passengers  going  by  vessels  employed  exclu- 
sively in  the  trade  between  the  ports  of  the  United  States 
and  the  Dominion  of  Canada  and  the  Republic  of  Mexico. 


PART   XX VT. IMMIGRATION.  289 

AH  aliens  arriving  by  water  at  the  ports  of  the  United  see.  13. 
States  shall  be  listed  m  convenient  groups,  and  no  one 
list  or  manifest  shall  contain  more  than  thirty  names. 
To  each  alien  or  head  of  a  family  shall  be  given  a  ticket 
on  which  shall  be  written  his  name,  a  nmnber  or  letter 
designating  the  list  in  which  his  name,  and  so  forth,  is 
contained,  and  his  number  on  said  list,  for  convenience 
of  identification  on  arrival.  Each  list  or  manifest  shall 
be  verified  by  the  signature  and  the  oath  or  affirmation 
of  the  master  or  commanding  officer,  or  the  first  or  second 
below  him  in  command,  taken  before  an  immigration 
officer  at  the  port  of  arrival,  to  the  effect  that  he  has 
caused  the  surgeon  of  said  vessel  sailing  therewith  to 
make  a  physical  and  oral  examination  of  each  of  said 
aliens,  and  that  from  the  report  of  said  surgeon  and  from 
his  own  investigation  he  believes  that  no  one  of  said 
aliens  is  an  idiot,  or  imbecile,  or  a  feeble-minded  person, 
or  insane  person,  or  a  pauper,  or  is  likely  to  become  a 
public  charge,  or  is  afflicted  with  tuberculosis  or  with  a 
loathsome  or  dangerous  contagious  disease,  or  is  a  person 
who  has  been  convicted  of,  or  who  admits  having  commit- 
ted a  felony  or  other  crime  or  misdemeanor  involving 
moral  turpitude,  or  is  a  polygamist  or  one  admitting 
belief  in  the  practice  of  .polygamy,  or  an  anarchist,  or 
under  promise  or  agreement,  express  or  implied,  to  per- 
form labor  in  the  United  States,  or  a  prostitute,  or  a 
woman  or  girl  coming  to  the  United  States  for  the  pur- 
pose of  prostitution,  or  for  any  other  immoral  purpose, 
and  that  also,  according  to  the  best  of  his  knowledge  and 
belief,  the  information  in  said  lists  or  manifests  concern- 
ing each  of  said  aliens  named  therein  is  correct  and  true 
in  every  respect. 

The  surgeon  of  said  vessel  sailing  therewith  shall  also  see.  14. 
sign  each  of  said  lists  or  manifests  and  make  oath  or 
affirmation  in  like  manner  before  an  immigration  officer 
at  the  port  of  arrival,  stating  his  professional  experience 
and  qualifications  as  a  physician  and  surgeon,  and  that 
he  has  made  a  personal  examination  of  each  of  the  said 
aliens  named  therein,  and  that  the  said  list  or  manifest, 
according  to  the  best  of  his  knowledge  and  belief,  is  full, 
correct,  and  true  in  all  particulars  relative  to  the  mental 
and  physical  condition  of  said  aliens.  If  no  surgeon  sails 
with  any  vessel  bringiiTg  aliens  the  mental  and  physical 
examinations  and  the  verifications  of  the  lists  or  mani- 
fests shall  be  made  by  some  competent  surgeon  employed 
by  the  owners  of  the  said  vessel. 

'  In  the  case  of  the  failure  of  the  master  or  commanding  see.  15. 
officer  of  any  vessel  to  deliver  to  the  said  immigration 
officers  lists  or  manifests  of  all  aliens  on  board  thereof,  as 
required  in  sections  twelve,  thirteen,  and  fourteen  of  this 
Act,  he  shall  pay  to  the  collector  of  customs  at  the  port  of 
arrival  the  sum  of  ten  dollars  for  each  alien  concerning 
whom  the  above  information  is  not  contained  in  any  list 

9G694°— 11 19 


290  NAVIGATION   LAWS    OP    THE   UNITED    STATES. 

as  aforesaid :  Provided,  That  in  the  case  of  failure  with- 
out good  cause  to  deliver  the  list  of  passengers  required 
by  section  twelve  of  this  Act  from  the  master  or  com- 
manding officer  of  every  vessel  taking  alien  passengers 
out  of  the  United  States,  the  penalty  shall  be  paid  to  the 
collector  of  customs  at  the  port  of  departure  and  shall  be 
a  fine  of  ten  dollars  for  each  alien  not  included  in  said 
list;  but  in  no  case  shall  the  aggregate  fine  exceed  one 
hundred  dollars. 
326.    Inspection  of  aliens. 

Sec.  16.  Upon  the  receipt  by  the  immigration  officers  at  any  port 

of  arrival  of  the  lists  or  manifests  of  incoming  aliens 
provided  for  in  sections  twelve,  thirteen,  and  fourteen  of 
this  Act,  it  shall  be  the  duty  of  said  officers  to  go  or  to 
send  competent  assistants  to  the  vessel  to  which  said  lists 
or  manifests  refer,  and  there  inspect  all  such  aliens,  or 
said  immigration  officers  may  order  a  temporary  re- 
moval of  such  aliens  for  examination  at  a  designated  time 
and  place,  but  such  temporary  removal  shall  not  be. con- 
sidered a  landing,  nor  shall  it  relieve  the  transportation 
lines,  masters,  agents,  owners,  or  consignees  of  the  vessel 
upon  which  said  aliens  are  brought  to  any  port  oi  the 
United  States  from  any  of  the  obligations  which,  in  case 
such  aliens  remain  on  board,  would,  under  the  provisions 
of  this  Act,  bind  the  said  transportation  lines,  masters, 
agents,  owners,  or  consignees:  Frocided,  That  where  a 
suitable  building  is  used  for  the  detention  and  examina- 
tion of  aliens  the  immigration  officials  shall  there  take 
charge  of  such  aliens,  and  the  transportation  companies, 
masters,  agents,  owners,  and  consignees  of  the  vessels 
bringing  sucji  aliens  shall  be  relieved  of  the  responsibility 
for  their  detention  thereafter  until  the  return  of  such 
aliens  to  their  care. 

Sec.  17.  The  physical  and  mental  examination  of  all  arriving 

aliens  shall  be  made  by  medical  officers  of  the  United  States 
Public  Health  and  Marine-Hospital  Service,  who  shall 
have  had  at  least  two  years'  experience  in  the  practice  of 
their  profession  since  receiving  the  degree  of  doctor  of 
medicine  and  who  shall  certify  for  the  information  of  the 
immigFation  officers  and  the  boards  of  special  inquiry 
hereinafter  provided  for,  any  and  all  ph3^sical  and  mental 
defects  or  diseases  observed  by  said  medical  officers  in  any 
such  alien,  or,  should  medical  officers  of  the  United  States 
Public  Health  and  Marine-Hospital  Service  be  not  avail- 
able, civil  surgeons  of  not  less  than  four  years'  profes- 
sional experience  may  be  employed  in  such  emergency  for 
such  service,  upon  such  terms  as  may  be  prescribed  by  the 
Commissioner-General  of  Immigration  under  the  direc- 
tion or  with  the  approval  of  the  Secretarv  of  Commerce 
and  Labor.  The  United  States  Public  Health  and  Ma- 
rine-Hospital Service  shall  be  reimbursed  by  the  immigra- 


PART    XXVI. IMMIGRATION.  291 

t^on  service  for  all  expenditures  incurred  in  carrying  out 
the  medical  inspection  of  aliens  under  regulations  of  the 
Secretary  of  Commerce  and  Labor. 

327.  Detention  on  board. 

It  shall  be  the  duty  of  the  owners,  officers,  or  agents  of  8ec.  18. 
any  vessel  or  transportation  line,  other  than  those  rail- 
way lines  which  may  enter  into  a  contract  as  provided  in 
section  thirty-two  of  this  Act,  bringing  an  alien  to  the 
United  States  to  prevent  the  landing  of  such  alien  in  the 
United  States  at  any  time  or  place  other  than  as  designated 
by  the  immigration  officers,  and  the  negligent  failure  of 
any  such  owner,  officer,  or  agent  to  compl}^  with  the  fore- 
going requirements  shall  be  deemed  a  misdemeanor  and  be 
punished  by  a  fine  in  each  case  of  not  less  than  one  hun- 
dred nor  more  than  one  thousand  dollars  or  by  imprison- 
ment for  a  term  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment;  and  ever}^  such  alien  so  landed 
shall  be  deemed  to  be  unlawfully  in  the  United  States 
and  shall  be  deported  as  provided  in  sections  twenty  and 
twenty-one  of  this  Act. 

328.  Deportation. 

All  aliens  brought  to  this  country  in  violation  of  law  See.  19. 
shall,  if  practicable,  be  immediately  sent  back  to  the 
countr}^  whence  they  respectively  came  on  the  vessels 
bringing  them.  The  cost  of  their  maintenance  while  on 
land,  as  well  as  the  expense  of  the  return  of  such  aliens, 
shall  be  borne  bv  the  owner  or  owners  of  the  vessels  on 
which  they  respectively  came;  and  if  any  master,  person 
in  charge,  agent,  owner,  or  consignee  of  any  such  vessel 
shall  refuse  to  receive  back  on  board  thereof,  or  on  board 
of  any  other  vessel  owned  or  operated  by  the  same  in- 
terests, such  aliens,  or  shall  fail  to  detain  them  thereon, 
or  shall  refuse  or  fail  to  return  them  to  the  foreign  port 
from  which  they  came,  or  to  pay  the  cost  of  their  main- 
tenance while  on  land,  or  shall  make  any  charge  for  the 
return  of  any  such  alien,  or  shall  take  any  security  from 
him  for  the  payment  of  such  charge,  such  master,  person 
in  charge,  agent,  owner,  or  consignee  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall,  on  conviction,  be 
punished  by  a  fine  of  not  less  than  three  hundred  dollars 
for  each  and  every  such  offense;  and  no  vessel  shall  have 
clearance  from  any  port  of  the  United  States  while  any 
such  fine  is  unpaid:  Provided^  That  the  Commissioner- 
General  of  Immigration,  with  the  approval  of  the  Secre- 
tary of  Commerce  and  Labor,  may  suspend,  upon  condi- 
tions to  be  prescribed  by  the  Commissioner-General  of 
Immigration,  the  deportation  of  any  alien  found  to  have 
come  in  violation  of  any  provision  of  this  Act,  if,  in  his 
judgment,  the  testimony  of  such  alien  is  necessary  on  be- 
half of  the  United  States  Government  in  the  prosecution 


292  NAVIGATION   lAWS   OF   THE   UNITED    STATES. 

of   offenders    against   any   provision    of   this   Act:  Pro- 

Mar.  4, 1909.  viclecl^  That  no  alien  certified,  as  provided  in  section 
seventeen  of  this  Act,  to  be  suffering  from  tuberculosis  or 
from  a  loathsome  or  dangerous  contagious  disease  other 
than  one  of  quarantinable  nature  shall  be  permitted  to 
land  for  medical  treatment  thereof  in  any  hospital  in  the 
United  States,  unless  with  the  express  permission  of  the 
Secretary  of  Commerce  and  Labor:  Provided^  That  upon 
the  certificate  of  a  medical  officer  of  the  United  States 
Public  Health  and  Marine-Hospital  Service  to  the  effect 
that  the  Jiealth  or  safety  of  an  insane  alien  would  be  un- 
duly imperiled  b}^  immediate  deportation,  such  alien  may 

Mar.  4, 1909.  \^^  \\^\^  for  treatment  until  such  time  as  such  alien  may, 
in  the  opinion  of  such  medical  officer,  be  saiely  deported. 

Sec.  20.  p^^  alien  who  shall  enter  the  United  States  in  violation 

of  law,  and  such  as  become  public  charges  from  causes 
existing  prior  to  landing,  shall,  upon  the  warrant  of  the 
Secretar}^  of  Commerce  and  Labor,  be  taken  into  custody 
and  deported  to  the  country  whence  he  came  at  any  time 
within  three  years  after  the  date  of  his  entr}^  into  the 
United  States.  Such  deportation,  including  one-half  of 
the  entire  cost  of  removal  to  the  port  of  deportation,  shall 
be  at  the  expense  of  the  contractor,  procurer,  or  other  per- 
son by  whom  the  alien  was  unlaAv fully  induced  to  enter 
the  United  States,  or,  if  that  can  not  be  done,  then  the 

Mar.  4, 1909.  cost  of  rcuioval  to  the  port  of  deportation  shall  be  [at 
the  expense  of  appropriations  provided  for  the  Immi- 
gration Service],  and  the  deportation  from  such  port 
shall  be  at  the  expense  of  the  owner  or  owners  of  "such 
vessel  or  transportation  line  by  which  such  aliens  respec- 
tively came :  Provided^  That  pending  the  final  disposal  of 
the  case  of  any  alien  so  taken  into  custody  he  may  be 
released  under  a  bond  in  the  penalty  of  not  less  than  five 
hundred  dollars  with  security  approved  by  the  Secretary 
of  Commerce  and  Labor,  conditioned  that  such  alien  shall 
be  produced  when  required  for  a  hearing  or  hearings  in 
regard  to  the  charge  upon  which  he  has  been  taken  into 
custody,  and  for  deportation  if  he  shall  be  found  to  be 
unlawfully  within  the  L^nited  States. 

Sec.  21.  In  case  the  Secretary  of  Commerce  and  Labor  shall 

be  satisfied  that  an  alien  has  been  found  in  the  United 
States  in  violation  of  this  Act,  or  that  an  alien  is  sub- 
ject to  deportation  under  the  provisions  of  this  Act  or 
of  any  law^  of  the  LTnitecl  States,  he  shall  cause  such  alien 
within  the  period  of  three  years  after  landing  or  entry 
therein  to  be  taken  into  custody  and  returned  to  the 
country  whence  he  came,  as  provided  by  section  twent}' 
of  this  Act,  and  a  failure  or  refusal  on  the  part  of  the 
masters,  agents,  owners,  or  consignees  of  vessels  to  com- 
ply with  the  order  of  the  Secretary  of  Commerce  and 


PART   XXVI. IMMIGRATION.  293 

Labor  to  take  on  board,  guard  safely,  and  return  to  the 
country  whence  he  came  any  alien  ordered  to  be  deported 
under  the  provisions  of  this  Act  shall  be  punished  by  the 
imposition  of  the  penalties  prescribed  in  section  nineteen 
of  this  Act:  Provided^  That  when  in  the  opinion  of  the 
Secretary  of  Commerce  and  Labor  the  mental  or  physical 
condition  of  such  alien  is  such  as  to  require  personal  care 
and  attendance,  he  may  employ  a  suitable  person  for  that 
purpose,  w^ho  shall  accompany  such  alien  to  his  or  her 
final  destination,  and  the  expense  incident  to  such  service 
shall  be  defrayed  in  like  manner. 

329.  Public  charges. 

Any  alien  liable  to  be  excluded  because  likely  to  be-  ^^^-  -^• 
come  a  public  charge  or  because  of  physical  disability 
other  than  tuberculosis  or  a  loathsome  or  dangerous 
contagious  disease  may,  if  otherwise  admissible,  never- 
theless be  admitted  in  the  discretion  of  the  Secretary  of 
Commerce  and  Labor  upon  the  giving  of  a  suitable  and 
proper  bond  or  undertaking,  approved  by  said  Secretary 
in  such  amount  and  containing  such  conditions  as  he  may 
prescribe,  to  the  people  of  the  United  States,  holding  the 
United  States  or  any  State,  Territory,  county,  munici- 
pality, or  district  thereof  harmless  against  such  alien 
becoming  a  public  charge.  The  admission  of  such  alien 
shall  be  a  consideration  for  the  giving  of  such  bond  or 
undertaking.  Suit  may  be  brougiit  thereon  in  the  name 
and  by  the  proper  law  officers  either  of  the  United  States 
Government  or  of  any  State,  Territory,  district,  county, 
or  municipality  in  which  such  alien  becomes  a  public 
charge. 

330.  Frontier  inspection. 

The  Commissioner-General  of  Lnmigration,  under  the  ^^c  32. 
direction  or  with  the  approval  of  the  Secretary  of  Com- 
merce and  Labor,  shall  prescribe  rules  for  the  entry  and 
inspection  of  aliens  along  the  borders  of  Canada  and 
Mexico,  so  as  not  to  unnecessarily  delay,  impede,  or  annoy 
passengers  in  ordinary  travel  between  the  United  States 
and  said  countries,  and  shall  have  power  to  enter  into 
contracts  with  transportation  lines  for  the  said  purpose. 

331.  Scope. 

For  the  purpose  of  this  Act  the  term  "  United  States  "  see.  33. 
as  used  in  the  title  as  well  as  in  the  various  sections  of  this 
Act  shall  be  construed  to  mean  the  United  States  and 
any  waters,  territory,  or  other  place  subject  to  the  juris- 
diction thereof,  except  the  Isthmian  Canal  Zone:  Pro- 
vided^ That  if  any  alien  shall  leave  the  canal  zone  and 
attempt  to  enter  any  other  place  under  the  jurisdiction  of 
the  United  States,  nothing  contained  in  this  Act  shall 
be  construed  as  permitting  him  to  enter  under  any  other 
conditions  than  those  applicable  to  all  aliens. 


294  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

332.  Place  of  deportation. 

Sec.  35.  xhe  dei^ortation  of  aliens  arrested  within  the  United 

States  after  entry  and  found  to  be  illegally  therein,  pro- 
vided for  in  this  Act,  shall  be  to  the  trans-Atlantic  or 
trans-Pacific  ports  from  which  said  aliens  embarked  for 
the  United  States;  or,  if  such  embarkation  was  for 
foreign  contiguous  territor}^,  to  the  foreign  port  at  which 
said  aliens  embarked  for  such  territory. 

333.  Place  of  entry. 

Sec.  36.  ^11  aliens  who  shall  enter  the  United  States  except  at 

the  seaports  thereof,  or  at  such  place  or  places  as  the 
Secretary  of  Commerce  and  Labor  may  from  time  to 
time  designate,  shall  be  adjudged  to  have  entered  the 
country  unlawfully  and  shall  be  deported  as  provided  by 
sections  twenty  and  twenty-one  of  this  Act:  Provided^ 
That  nothing  contained  in  this  section  shall  affect  the 
power  conferred  by  section  thirty-two  of  this  Act  upon 
the  Commissioner-General  of  Immigration  to  prescribe 
rules  for  the  entry  and  inspection  of  aliens  along  the 
borders  of  Canada  and  Mexico. 

334.  Special  classes. 

Sec.  37.  Whenever  an  alien  shall  have  taken  up  his  permanent 

residence  in  this  country,  and  shall  have  filed  his  declara- 
tion of  intention  to  become  a  citizen,  and  thereafter  shall 
send  for  his  wife,  or  minor  children  to  join  him,  if  said 
wife  or  any  of  said  children  shall  be  found  to  be  affected 
with  any  contagious  disorder,  such  wife  or  children  shall 
be  held,  under  such  regulations  as  the  Secretary  of  Com- 
merce and  Labor  shall  prescribe,  until  it  shall  be  deter- 
mined whether  the  disorder  will  be  easily  curable,  or 
whether  they  can  be  permitted  to  land  without  danger  to 
other  persons;  and  they  shall  not  be  either  admitted  or 
deported  until  such  facts  have  been  ascertained;  and  if  it 
shall  be  determined  that  the  disorder  is  easily  curable  or 
that  they  can  be  permitted  to  land  without  danger  to 
other  persons,  they  shall,  if  otherwise  admissible,  there- 
upon be  admitted. 

335.  Anarchists. 

Sec.  3S.  Xo  person  who  disbelieves  in  or  who  is  opposed  to  all 

organized  government,  or  who  is  a  member  of  or  affiliated 
with  any  organization  entertaining  and  teaching  such 
disbelief  in  or  opposition  to  all  organized  government,  or 
who  advocates  or  teaches  the  duty,  necessity,  or  propriety 
of  the  unlawful  assaulting  or  killing  of  any  officer  or 
officers,  either  of  specific  individuals  or  of  officers  gener- 
ally, of  the  Government  of  the  United  States  or  of  any 
other  organized  government,  because  of  his  or  their 
official  character,  shall  be  permitted  to  enter  the  United 
States  or  any  territory  or  place  subject  to  the  jurisdiction 
thereof.    This  section  shall  be  enforced  by  the  Secretary 


PART  XXVI. IMMIGRATION.  295 

of  Commerce  and  Labor  under  such  rules  and  regulations 
as  he  shall  prescribe.  That  any  person  who  knowingly 
aids  or  assists  any  such  person  to  enter  the  United  States 
or  any  territory  or  place  subject  to  the  jurisdiction  there- 
of, or  who  connives  or  conspires  with  any  person  or  per- 
sons to  allow,  procure,  or  permit  any  such  person  to  enter 
therein,  except  jDursuant  to  such  rules  and  regulations 
made  by  the  Secretary  of  Commerce  and  Labor  shall  be 
fined  not  more  than  five  thousand  dollars,  or  imprisoned 
for  not  more  than  five  years,  or  both. 

336.  Foreign  officials. 

Nothing  in  this  Act  shall  be  construed  to  apply  to  See.  4i. 
accredited  officials  of  foreign  governments  nor  to  their 
suites,  families,  or  guests. 

337.  Miscellaneous. 

All  steamship  or  transportation  companies,  and  other  ^^^^-  3,  isos. 
owners  of  vessels,  regularly  engaged  in  transporting  alien  |g^"  ^■_j  ^^^^ 
immigrants  to  the  United  States,  shall  tAvice  a  year  file  a  sec.  7. ' 
certificate  with  the  Secretary  of  Commerce  and  Labor 
tlvat  they  have  furnished  to  be  kept  conspicuously  exposed 
to  vieAV  in  the  office  of  each  of  their  agents  in  foreign 
countries  authorized  to  sell  emigrant  tickets,  a  copy  of  the 
law  of  March  third,  eighteen  hundred  and  ninety-one, 
and  of  all  subsequent  laws  of  this  country  relative  to 
immigration,  printed  in  large  letters,  in  the  language  of 
the  country  where  the  copy  of  the  law  is  to  be  exposed  to 
view,  and  that  the}^  have  instructed  their  agents  to  call 
the  attention  thereto  of  persons  contemplating  emigra- 
tion before  selling  tickets  to  them;  and  in  case  of  the 
failure  for  sixty  days  of  any  such  company  or  any  such 
owners  to  file  such  a  certificate,  or  in  case  they  file  a  false 
certificate,  they  shall  pay  a  fine  of  not  exceeding  five  hun- 
dred dollars,  to  be  recovered  in  the  proper  United  States 
court,  and  said  fine  shall  also  be  a  lien  upon  any  vessel  of 
said  company  or  owners  found  within  the  United  States. 

All  contracts  or  agreements,  expressed  or  implied,  parol  ^^^  j^'  ^^^5- 
or  special,  which  may  hereafter  be  made  by  and  between  ®^'  ' 
any  person,  company,  partnership,  or  corporation,  and 
any  foreigner  or  foreigners,  alien  or  aliens,  to  perform 
labor  or  service  or  having  reference  to  the  performance 
of  labor  or  service  by  any  person  in  the  United  States,  its 
Territories,  or  the  District  of  Columbia,  previous  to  the 
migration  or  importation  of  the  person  or  persons  Avhose 
labor  or  service  is  contracted  for  into  the  United  States, 
shall  be  utterly  void  and  of  no  effect. 

The  Commissioner-General  of  Immigration,  with  the  Feb.  3,  1905. 
approval  of  the  Secretary  of  Commerce  and  Labor,  shall 
have  power  to  refund  head  tax  heretofore  and  hereafter 
collected  under  section  one  of  the  immigration  Act  ap- 
proved March  third,  nineteen  hundred  and  three,  upon 
presentation  of  evidence  showing  conclusively  that  such 
collection  was  erroneously  made. 


296  NAViGATioisr  laws  of  the  united  states. 

Apr.  29, 1902.  Xotliing  in  the  provisions  of  this  Act  or  any  other  Act 
shall  be  construed  to  prevent,  hinder,  or  restrict  any  for- 
eign exhibitor,  representative,  or  citizen  of  any  foreign 
nation,  or  the  holder,  who  is  a  citizen  of  any  foreign 
nation,  of  any  concession  or  privilege  from  am^  fair  or  ex- 
position authorized  by  Act  of  Congress  from  bringing  into 
the  United  States,  under  contract,  such  mechanics,  arti- 
sans, agents,  or  other  emploA'ees,  natives  of  their  respective 
foreign  countries,  as  they  or  any  of  them  may  deem  neces- 
sary for  the  purpose  of  making  preparation  for  installing 
or  conducting  their  exhibits  or  of  preparing  for  installing 
or  conducting  any  business  authorized  or  permitted  under 
or  by  virtue  of  or  pertaining  to  any  concession  or  privi- 
lege which  may  have  been  or  may  be  granted  by  any  said 
fair  or  exposition  in  connection  with  such  exposition, 
under  such  rules  and  regulations  as  the  Secretary  of  Com- 
merce and  Labor  may  prescribe,  both  as  to  the  admission 
and  return  of  such  person  or  persons. 

338.  Immigration  to  Philippines. 

Feb.  6,  1905.  xhe  immigration  laws  of  the  United  States  in  force  in 
the  Philippine  Islands  shall  be  administered  by  the 
officers  of  the  general  government  thereof  designated  by 
appropriate  legislation  of  said  government,  and  all 
moneys  collected  under  said  laws  as  duty  or  head  tax  on 
alien  immigrants  coming  into  said  islands  shall  not  be 
covered  into  the  general  fund  of  the  Treasury  of  the 
United  States,  but  shall  be  paid  into  the  treasury  of  said 
islands  to  be  used  and  expended  for  the  government  and 
benefit  of  said  islands. 

339.  Registry  and  naturalization  of  immig'rants. 

June  29, 1906.  Jhc  designation  of  the  Bureau  of  Immigration  in  the 
Department  of  Commerce  and  Labor  is  hereby  changed  to 
the  *'  Bureau  of  Immigration  and  Naturalization,'-  whicli 
said  Bureau,  under  the  direction  and  control  of  the  Secre- 
tary of  Commerce  and  Labor,  in  addition  to  the  duties 
now  provided  by  law,  shall  have  charge  of  all  matters 
concerning  the  naturalization  of  aliens.  That  it  shall  be 
the  duty  of  the  said  Bureau  to  provide,  for  use  at  the 
various  immigration  stations  throughout  the  United 
States,  books  of  record,  wherein  the  commissioners  of 
immigration  shall  cause  a  registr}?-  to  be  made  in  the  case 
of  each  alien  arriving  in  the  United  States  from  and  after 
the  passage  of  this  Act  of  the  name,  age,  occupation,  per- 
sonal description  (including  height,  complexion,  color  of 
hair  and  eyes),  the  place  of  birth,  the  last  residence,  the 
intended  place  of  residence  in  the  United  States,  and  the 
date  of  arrival  of  said  alien,  and,  if  entered  through  a 
port,  the  name  of  the  vessel  in  which  he  comes.  And  it 
sjiall  be  the  duty  of  said  commissioners  of  immigration  to 
cause  to  be  granted  to  such  alien  a  certificate  of  such 
registry,  with  the  particulars  thereof. 


Part  XXVII.— OCEAN  MAIL  SERVICE. 


340.   Ocean  mail  act  of  1S91.  |  341.   General  ocean  mail  service. 

340.    Ocean  mail  act  of  1891. 

The  Postmaster-General  is  hereby  authorized  and  em-  ^^^^^  ^'  i^^^- 
powered  to  enter  into  contracts  for  a  term  not  less  than 
five  nor  more  than  ten  years  in  duration,  with  American 
citizens  for  the  carrying  of  mails  on  American  steam- 
ships, between  ports  of  the  United  States  and  such  ports 
in  foreign  countries,  the  Dominion  of  Canada  excepted, 
as  in  his  judgment  will  best  subserve  and  promote  the 
postal  and  commercial  interests  of  the  United  States,  the 
mail  service  on  such  lines  to  be  equitably  distributed 
among  the  Atlantic,  Mexican  Gulf  and  Pacific  ports. 
Said  contracts  shall  be  made  with  the  lowest  responsible 
bidder  for  the  performance  of  said  service  on  each  route, 
and  the  Postmaster-General  shall  have  the  right  to  reject 
all  bids  not  in  his  opinion  reasonable  for  the  attaining 
of  the  purposes  named. 

Before  making  any  contracts  for  carrying  ocean  mails  See.  2. 
in  accordance  wdth  this  act  the  Postmaster-General  shall 
give  public  notice  by  advertising  once  a  week,  for  three 
months,  in  such  daily  papers  as  he  shall  select  in  each  of 
the  cities  of  Boston,  New  York,  Philadelphia,  Baltimore, 
New  Orleans,  Saint  Louis,  Charleston,  Norfolk,  Savan- 
nah, Galveston  and  Mobile,  and  when  the  proposed  serv- 
ice is  to  be  on  the  Pacific  Ocean,  then  in  San  Francisco, 
Tacoma  and  Portland.  Such  notice  shall  describe  the 
route,  the  time  when  such  contract  will  be  made,  the  dura- 
tion of  the  same,  the  size  of  the  steamers  to  be  used,  the 
number  of  trips  a  year,  the  times  of  sailing,  and  the  time 
when  the  service  shall  commence,  which  shall  not  be  more 
than  three  years  after  the  contract  shall  be  let.  The 
details  of  the  mode  of  advertising  and  letting  such  con- 
tracts shall  be  conducted  in  the  manner  prescribed  in 
chapter  eight  of  title  [R.  S.,  2941-2963]  forty-six  of  the 
Revised  Statutes  for  the  letting  of  inland  mail  contracts 
so  far  as  the  same  shall  be  applicable  to  the  ocean  mail 
service. 

The  vessels  employed  in  the  mail  service  under  the  pro-   see.  3. 
visions  of  this  Act  shall  be  American-built  steamships, 
OAvned  and  officered  by  American  citizens,  in  conformity 
with  the  existing  laws,  or  so  owned  and  ofiicered  and  reg- 

297 


298  NAVIGATION    LAWS   OF   THE  UNITED   STATES. 

istered  according  to  law,  and  upon  each  departure  from 
the  United  States  the  following  proportion  of  the  crew 
shall  be  citizens  of  the  United  States,  to  wit :  During  the 
first  two  years  of  such  contract  for  carrying  the  mails, 
one- fourth  thereof;  during  the  next  three  succeeding 
years,  one-third  thereof;  and  during  the  remaining  time 
of  the  continuance  of  such  contract  at  least  one-half 
thereof;  and  shall  be  constructed  after  the  latest  and 
most  approved  types,  with  all  the  modern  improvements 
and  appJiances  for  ocean  steamers. 

They  shall  be  divided  into  four  classes.  The  first  shall 
be  iron  or  steel  screw  steamships,  capable  of  maintaining 
a  speed  of  twenty  knots  an  hour  at  sea  in  ordinary 
weather,  and  of  a  gross  registered  tonnage  of  not  less  than 
eight  thousand  tons.  No  vessel  except  of  said  first  class 
shall  be  accepted  for  said  mail  service  under  the  provi- 
sions of  this  act  between  the  United  States  and  Great 
Britain.  The  second  class  shall  be  iron  or  steel  steam- 
ships, capable  of  maintaining  a  speed  of  sixteen  knots  an 
hour  at  sea  in  ordinary  weather,  and  of  a  gross  registered 
tonnage  of  not  less  than  five  thousand  tons.  The  third 
class  shall  be  iron  or  steel  steamships,  capable  of  main- 
taining a  speed  of  fourteen  knots  an  hour  at  sea  in  ordi- 
nary weather,  and  of  a  gross  registered  tonnage  of  not 
less  than  two  thousand  five  hundred  tons.  The  fourth 
class  shall  be  iron  or  steel  or  wooden  steam-ships,  capable 
of  maintaining  a  speed  of  twelve  knots  an  hour  at  sea  in 
ordinary  weather,  and  of  a  gross  registered  tonnage  of 
not  less  than  fifteen  hundred  tons.  It  shall  be  stipulated 
in  the  contract  or  contracts  to  be  entered  into  for  the  said 
mail  service  that  said  vessels  may  carry  passengers  with 
their  baggage  in  addition  to  said  mails  and  may  do  all 
ordinary  business  done  by  steam-ships. 
Sec.  4.  All  steamships  of  the  first,  second,  and  third  classes 

employed  as  above  and  hereafter  built  shall  be  constructed 
with  particular  reference  to  prompt  and  economical  con- 
version into  auxiliary  naval  cruisers,  and  according  to 
plans  and  specifications  to  be  agreed  upon  by  and  between 
the  owners  and  the  Secretary  of  the  Navy,  and  they  shall 
be  of  sufficient  strength  and  stability  to  carry  and  sustain 
the  working  and  operation  of  at  least  four  effective  rifled 
cannon  of  a  caliber  of  not  less  than  six  inches,  and  shall 
be  of  the  highest  rating  known  to  maritime  commerce. 
And  all  vessels  of  said  three  classes  heretofore  built  and 
so  employed  shall,  before  they  are  accepted  for  the  mail 
service  herein  provided  for,  be  thoroughl}^  inspected  by  a 
competent  naval  officer  or  constructor  detailed  for  that 
service  by  the  Secretary  of  the  Navy;  and  such  officer 
shall  report,  in  writing,  to  the  Secretary  of  the  Navy,  who 
shall  transmit  said  report  to  the  Postmaster-General; 
and  no  such  vessel  not  approved  by  the  Secretary  of  the 
Navy  as  suitable  for  the  service  required  shall  be  em- 
ployed by  the  Postmaster-General  as  provided  for  in  this 
act. 


PART    XXVII. OCEAN    MAIL   SERVICE.  299 

The  rate  of  compensation  to  be  paid  for  such  ocean  See.  5. 
mail  service  of  the  said  first-class  ships  shall  not  exceed 
the  sum  of  four  dollars  a  mile,  and  for  the  second-class 
ships  two  dollars  a  mile,  by  the  shortest  practicable  rouie, 
for  each  outward  voyage;  for  the  third-class  ships  not  to 
exceed  one  dollar  a  mile,  and  for  the  fourth-class  ships 
two-thirds  of  one  dollar  a  mile,  for  the  actual  number  of 
miles  required  by  the  Post  Office  Department  to  be  trav- 
eled on  each  outward  bound  voyage:  Provided^  That  in 
the  case  of  failure  from  any  cause  to  perform  the  regular 
voyages  stipulated  for  in  said  contracts  or  any  of  them,  a 
pro  rata  deduction  shall  be  made  from  the  compensation 
on  account  of  such  omitted  voyage  or  voyages ;  and  that 
suitable  fines  and  penalties  may  be  imposed  for  delays  or 
irregularities  in  the  due  performance  of  service  according 
to  the  contract,  to  be  determined  by  the  Postmaster- 
General:  Provided  further^  That  no  steamship  so  em- 
ployed and  so  paid  for  carrying  the  United  States  mails 
shall  receive  any  other  bounty  or  subsidy  from  the  Treas- 
ury of  the  United  States. 

Upon  each  of  said  vessels  the  United  States  shall  be  sec.  6 
entitled  to  have  transported,  free  of  charge,  a  mail-mes- 
senger, whose  duty  it  shall  be  to  receive,  sort,  take  in 
charge  and  deliver  the  mails  to  and  from  the  United 
States,  and  who  shall  be  provided  with  suitable  room 
for  the  accommodation  of  himself  and  the  mails. 

The  officers  of  the  United  States  Navy  may  volunteer  see.  7. 
for  service  on  said  mail  vessels,  and  when  accepted  by  the 
contractor  or  contractors,  may  be  assigned  to  such  duty  by 
the  Secretary  of  the  Navy  whenever  in  his  opinion  such 
assignment  can  be  made  without  detriment  to  the  service, 
and  while  in  said  employment  they  shall  receive  furlough 
pay  from  the  Government,  and  such  other  compensation 
from  the  contractor  or  contractors  as  may  be  agreed  upon 
by  the  parties :  Provided^  That  they  shall  only  be  required 
to  perform  such  duties  as  appertain  to  the  merchant 
service. 

Said  vessels  shall  take,  as  cadets  or  apprentices,  one  sec.  8. 
American-born  boy,  under  twenty-one  years  of  age  for 
each  one  thousand  tons  gross  register,  and  one  for  each 
majority  fraction  thereof,  who  shall  be  educated  in  the 
duties  of  seamanship,  rank  as  petty  officers,  and  receive 
such  pay  for  their  services  as  may  be  reasonable. 

Such  steamers  may  be  taken  and  used  by  the  United  sec.  o. 
States  as  transports  or  cruisers,  upon  payment  to  the 
owners  of  the  fair  actual  value  of  the  same  at  the  time  of 
the  taking,  and  if  there  shall  be  a  disagreement  as  to  the 
fair  actual  value  of  the  same  at  the  time  of  the  taking, 
and  if  there  shall  be  a  disagreement  as  to  the  fair  actual 
value  between  the  United  States  and  the  owners,  then  the 
same  shall  be  determined  by  two  impartial  appraisers, 


June  26,  1884. 
Sec.  23. 


300  NAVIGATION    LAWS    OF   THE    UNITED    STATES. 

one  to  be  appointed  by  each  of  said  parties,  they  at  the 
same  time  selecting  a  third,  who  shall  act  in  said  ap- 
praisement in  case  the  two  shall  fail  to  agree. 

341.    General  ocean  mail  service. 

Mar.  4,  1911.  For  transportation  of  foreign  mails,  three  million  three 
hundred  and  twenty-two  thousand  six  hundred  dollars: 

B.  s.,  39G0.  XJie  Postmaster-General  may  cause  the  mail  to  be  car- 
ried in  any  steamboat  or  other  vessel  used  as  a  packet  on 
an}^  of  the  waters  of  the  United  States. 

R.  s.,  3970.  The  Postmaster-General  may,  if  he  deem  it  for  the  pub- 
lic interest,  make  contracts  for  any  period  not  exceeding 
one  year,  for  carrying  the  mails  in  steamships  between 
any  of  the  ports  of  the  United  States. 

R.  s.,  3976^^  Upon  the  entry  of  every  such  vessel  returning  from 
any  foreign  port,  the  master  thereof  shall  make  oath  that 
he  has  promptly  delivered  all  the  mail  placed  on  board 
said  vessel  before  clearance  from  the  United  States;  and 
if  he  shall  fail  to  make  sucii  oath  the  vessel  shall  not  be 
entitled  to  the  privileges  of  a  vessel  of  the  United  States. 

Mar.  4, 1909.       The  master  or  other  person  having  charge  or  control  of 

Sec  200  ^^^y  steamboat  or  other  vessel  passing  between  ports  or 

Repeals  R.  s.,  places  in  the  United  States,  arriving  at  any  such  port  or 
2^^'^-  place  where  there  is  a  post-office,  shall  deliver  to  the  post- 

master or  at  the  post-office  within  three  hours  after  his 
arrival,  if  in  the  davtime.  and  if  at  night,  within  two 
hours  after  the  next  sunrise,  all  letters  and  packages 
brought  by  him  or  within  his  power  or  control  and  not 
relating  to  the  cargo,  addressed  to  or  destined  for  such 
port  or  place,  for  which  he  shall  receive  from  the  post- 
master two  cents  for  each  letter  or  package  so  delivered, 
unless  the  same  is  carried  under  a  contract  for  carrying 
the  mail ;  and  for  every  failure  so  to  deliver  such  letters 
or  packages,  the  master  or  other  person  having  charge  or 
control  of  such  steamboat  or  other  vessel,  shall  be  fined 
not  more  than  one  hundred  and  fifty  dollars. 

R.  s.,  3978.  The  Postmaster-General  may  pay,  to  the  master  or 
owner  of  any  vessel  not  regularly  employed  in  carrying 
the  mail,  two  cents  for  each  letter  carried  by  such  vessel 
between  ports  or  places  in  the  United  States,  or  from  any 
foreign  port  to  any  port  in  the  United  States;  but  all 
such  letters  shall  be  deposited  in  the  post-office  at  the. 
port  of  arrival. 

R.  s.,  3987.  ^Q  vessel  departing  from  the  United  States  for  any 
foreign  port  shall  receive  on  board  or  convey  any  letter 
or  packet  originating  in  the  United  States  which  lias  not 
been  regularly  received  from  the  post-office  at  the  port  of 
departure,  and  Avhich  does  not  relate  to  the  cargo  of  such 
vessel,  except  as  provided  in  section  three  thousand  nine 
hundred  and  ninety-three;  and  every  collector,  or  other 
officer  of  the  port  empowered  to  grant  clearances,  shall 
require  from  the  master  of  such  vessel,  as  a  condition  of 
clearance,  an  oath  that  he  has  not  received  on  board,  has 


PART   XXVII. OCEAN    MAIL   SERVICE.  301 

not  under  his  care  or  controL  and  will  not  receive  or  con- 
vey any  letter  or  packet  contrary  to  the  provisions  of 
this  section. 

No  vessel  arriving  within  a  port  or  collection  district   ^^J•^^;l^^^' 
of  the  United  States  shall  be  allowed  to  make  entry  or   Repeals  r.  s., 
break  bulk  until  all  letters  on  board  are  delivered  to  the  3988. 
nearest  post-office,  and  the  master  or  other  person  having 
charge  or  control  thereof  has  signed  and  sworn  to  the  fol- 
lowing declaration  before  the  collector  or  other  proper 
customs  officer : 

I,  A.  B.,  master  .  of  the  ,  arriving  from 

,  and  now  lying  in  the  port  of ,  do  solemnly 

swear  (or  affirm)  that  I  have  to  the  best  of  my  knowledge 

and  belief  delivered  to  the  post-office  at  every 

letter  and  every  bag.  packet,  or  parcel  of  letters  which 
was  on  board  the  said  vessel  during  her  last  voyage,  or 
which  were  in  mv  possession  or  under  my  power  or  con- 
troL 

And  any  master  or  other  person  having  charge  or  con- 
trol of  such  vessel  who  shall  break  bulk  before  he  has 
delivered  such  letters  shall  be  fined  not  more  than  one 
hundred  dollars. 

Any  special  agent  of  the  Post-Office  Department,  when  ^-  S-  ^^^^• 
instructed  by  the  Postmaster-General  to  make  examina- 
tions and  seizures,  and  the  collector  or  other  customs  offi- 
cers of  any  port,  without  special  instructions,  shall  care- 
fully search  all  vessels  for  letters  which  may  be  on  board 
or  which  have  been  conveyed  contrary  to  law. 

Any  special  agent  of  the  Post-Office  Department,  col-  R- s..  3990. 
lector,  or  other  customs  officer,  or  United  States  marshal 
or  his  deputy,  may  at  all  times  seize  all  letters  and  bags, 
packets  or  parcels,  containing  letters  which  are  being  car- 
ried contrary  to  law  on  board  any  vessel  or  any  post- 
route,  and  convey  the  same  to  the  nearest  post-office,  or 
may,  by  the  direction  of  the  Postmaster-General  or  Sec- 
retary of  the  Treasury,  detain  them  until  two  months 
after'  the  final  determination  of  all  suits  and  proceedings 
which  may,  at  any  time  within  six  months  after  such 
seizure,  be  brought  against  any  person  for  sending  or 
carrying  such  letters. 

Every  package  or  parcel  seized  by  any  special  agent  of  k.  s.,  3991. 
the  Post-Office  Department,  collector,  or  other  customs 
officer,  or  United  States  marshal  or  his  deputies,  in  which 
any  letter  is  unlawfully  concealed,  shall  be  forfeited  to 
the  United  States,  and  the  same  proceedings  may  be  had 
to  enforce  the  forfeiture  as  are  authorized  in  respect  to 
goods,  wares,  and  merchandise  forfeited  for  violation  of 
the  revenue  laws:  and  all  laws  for  the  benefit  and  pro- 
tection of  customs  officers  making  seizures  for  violating 
the  revenue  laws  shall  apply  to  officers  making  seizures 
for  violating  the  postal  laws. 

Nothing  herein  contained  shall  be  construed  to  prohibit   ^-  S-  ^^^2. 
the  conveyance  or  transmission  of  letters  or  packets  by 


302 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


R.  S.,  4006. 


R.  S.,  4007. 


R.  S.,  4008. 


R.  S.,  4009. 


R.  S.,  4010. 


R.  S.,  4011. 


R.  S.,  4012. 


private  hands  without  compensation,  or  by  special  mes- 
senger emplo3"ed  for  the  particular  occasion  only. 

The  Postmaster-General,  after  advertising  for  propos- 
als, may  enter  into  contracts  or  make  suitable  arrange- 
ments for  transporting  the  mail  through  any  foreign 
country,  between  any  two  points  in  the  United  States, 
and  such  transportation  shall  be  by  the  speediest,  safest, 
and  most  economical  route;  and  all  contracts  therefor 
may  be  revoked  whenever  any  new  road  or  canal  shall  be 
opened  affording  a  speedier,  more  economical,  and  equally 
safe  transportation  between  the  same  points;  but  in  case 
of  the  revocation  of  any  such  contract,  a  fair  indemnity 
shall  be  awarded  to  the  contractor. 

The  Postmaster-General  may,  after  advertising  for  pro- 
posals, enter  into  contracts  for  the  transportation  of  the 
mail  between  the  United  States  and  any  foreign  country 
whenever  the  public  interests  will  thereby  be  promoted. 

The  mail  between  the  United  States  and  any  foreign 
port,  or  between  ports  of  the  United  States  touching  at 
a  foreign  port,  shall  be  transported  in  steamships;  but 
the  Postmaster-General  may  have  such  transportation 
performed  by  sailing-vessels  when  the  service  can  be 
facilitated  thereby. 

For  transporting  the  mail  between  the  United  States 
and  any  foreign  port,  or  between  ports  of  the  United 
States  touching  at  a  foreign  port,  the  Postmaster-General 
may  allow  as  compensation,  if  by  a  United  States  steam- 
ship, any  sum  not  exceeding  the  sea  and  United  States 
inland  postage;  and  if  by  a  foreign  steamship  or  by  a 
sailing  vessel,  any  sum  not  exceeding  the  sea-postage,  on 
the  mail  so  transported.  [Amended,  March  3,  1891,  p. 
296.] 

The  Postmaster-General  may  impose  fines  on  contract- 
ors for  transporting  the  mail  between  the  United  States 
and  anv  foreign  country,  for  any  unreasonable  or  unneces- 
sar}^  dela}^  in  the  departure  of  such  mail,  or  the  perform- 
ance of  the  trip :  but  the  fine  for  any  one  default  shall  not 
exceed  one-half  the  contract  price  for  the  trip. 

Every  contract  for  transporting  the  mail  between  the 
United  States  and  any  foreign  country  shall  contain, 
besides  the  usual  stipulation  for  the  right  of  the  Postmas- 
ter-General to  discontinue  the  same,  the  further  stipula- 
tion that  it  may  be  terminated  by  Congress. 

The  Postmaster-General  may,  by  and  with  the  advice 
and  consent  of  the  President,  make  any  arrangements 
which  may  be  deemed  just  and  expedient  for  allowing  the 
mails  of  Canada,  or  any  other  country  adjoining  the 
United  States,  to  be  transported  over  the  territory  of  the 
United  States  from  one  point  in  such  country  to  any 
other  point  in  the  some,  at  the  expense  of  the  country  to 
which  the  mail  belongs,  upon  obtaining  a  like  privilege 
for  the  transportation  of  the  United  States  mail  through 


PART   XXVII. OCEAN    MAIL   SERVICE.  803 

the  country  to  which  the  privilege  is  gi-anted;  but  such 
privilege  may  at  any  time  be  annulled  by  the  President  or 
Congress  from  and  after  one  month  succeeding  the  day  on 
Avhich  notice  of  the  act  of  the  President  or  Congress  is 
given  to  the  chief  executive  or  head  of  the  post-office 
department  of  the  country  whose  privilege  is  to  be 
annulled. 

The  Postmaster-General,  under  the  direction  of  the  ^-  S' ^^^s. 
President  of  the  United  States,  is  hereby  authorized  and 
empowered  to  charge  upon,  and  collect  from,  all  letters 
and  other  mailable  matter  carried  to  or  from  any  port  of 
the  United  States,  in  any  foreign  packet-ship  or  other 
vessel,  the  same  rate  or  rates  of  charge  for  American 
postage  which  the  government  to  which  such  foreign 
packet  or  other  vessel  belongs  imposes  upon  letters  and 
other  mailable  matter  conveyed  to  or  from  such  foreign 
country  in  American  packets  or  other  vessels  as  the  post- 
age of  such  government,  and  at  any  time  to  revoke  the 
same;  and  all  custom-house  officers  and  other  United 
States  agents  designated  or  appointed  for  that  purpose 
shall  enforce  or  carry  into  effect  the  foregoing  provision, 
and  aid  or  assist  in  the  collection  of  such  postage,  and  to 
that  end  it  shall  be  lawful  for  such  officers  and  agents, 
on  suspicion  of  fraud,  to  open  and  examine,  in  the  pres- 
ence of  two  or  more  respectable  persons,  being  citizens 
of  the  United  States,  any  package  or  packages  supposed 
to  contain  mailable  matter  found  on  board  such  packets 
or  other  vessels  or  elsewhere,  and  to  prevent,  if  necessar}^, 
such  packets  or  other  vessels  from  entering,  breaking 
bulk,  or  making  clearance  until  such  letters  or  other  mail- 
able matter  are  duly  delivered  into  the  United  States 
post-office. 


Part  XXYIII.— WEECKS. 


342.  Eeport  of  wrecks.  I  344.   Wrecks  in  foreign  waters. 

343.  Canadian  wrecks,  I  345.   Wrecks  in  Florida  waters. 


342.   Eeport  of  wrecks. 

June  20, 1874.  Whenever  any  vessel  of  the  United  States  has  sus- 
tained or  caused  any  accident  involving  the  loss  of  life, 
the  material  loss  of  property,  or  any  serious  injury  to 
any  person,  or  has  received  any  material  damage  affecting 
her  seaworthiness  or  her  efficiency,  the  managing  owner, 
agent,  or  master  of  such  vessel  shall  within  five  days  after 
the  happening  of  such  accident  or  damage,  or  as  soon 
thereafter  as  possible,  send,  by  letter  to  the  collector  of 
customs  of  the  district  wherein  such  vessel  belongs  or 
of  that  within  which  such  accident  or  damage  occurred, 
a  report  thereof,  signed  by  such  owner,  agent,  or  master, 
stating  the  name  and  official  number  (if  any)  of  the  ves- 
sel, the  port  to  which  she  belongs,  the  place  where  she  was. 
the  nature  and  jDrobable  occasion  of  the  casualty,  the  num- 
ber and  names  of  those  lost,  and  the  estimated  amount  of 
loss  or  damage  to  the  vessel  or  cargo;  and  shall  furnish, 
upon  the  request  of  either  of  such  collectors  of  customs, 
such  other  information  concerning  the  vessel,  her  cargo, 
and  the  casualty  as  may  be  called  for;  and  if  he  neglect 
or  refuse  to  comply  with  the  foregoing  requirements  after 
a  reasonable  time,  he  shall  incur  a  penalty  of  one  hundred 
dollars. 

^^^-  ^^-  Whenever  the  managing  owner  or  agent  of  any  vessel 

of  the  United  States  has  reason,  owing  to  the  non-appear- 
ance of  such  vessel,  or  to  any  other  circumstance,  to 
apprehend  that  such  vessel  has  been  lost,  he  shall,  as  soon 
as  com^eniently  may  be,  send  notice,  in  writing,  to  the  col- 
lector of  customs  of  the  port  to  which  said  vessel  belonged, 
of  such  loss,  and  the  probable  occasion  thereof  stating  the 
name  and  the  official  number  (if  any)  of  the  vessel,  and 
the  names  of  all  persons  on  board,  so  far  as  the  same  can 
be  ascertained,  and  shall  furnish,  upon  request  of  the 
collector  of  such  port,  such  additional  information  as  he 
may  be  able ;  and  if  he  neglect  to  comply  with  the  above 
requirements  within  a  reasonable  time,  he  shall  incur  a 
penalty  of  one  hundred  dollars. 

Sec.  12.  It  shall  be  the  duty  of  the  collectors  of  customs  to 

immediately  transmit  to  the  Secretary  of  the  Treasury 
304 


PART   XXVIII. Vv^EECKS.  305 

such  rej^orts  and  information  as  the}^  may  receive  under 
the  provisions  of  the  two  preceding  sections,  and  they 
shall  also  report  to  the  Secretary  of  the  Treasury  any 
neoiect  or  refusal  on  the  part  of  the  managing  owner, 
agent,  or  master  of  any  vessel  of  the  United  States  to 
comply  with  the  requirements  thereof. 

The  Secretary  of  Commerce  and  Labor  may,  upon  ap-   sec.  is. 
plication  therefor,  remit  or  mitigate  any  penalty  provided  ^^ar.  3,  i897. 
for  in  this  Act,  or  discontinue  any  prosecution  to  recover  ^^^^-  ^^^  ^^^^ 
the  same,  upon  such  terms  as  he,  in  his  discretion,  shall   gee.  lo.' 
think  proper,  and  shall  have  authority  to  ascertain  the 
facts  upon  all  such  applications  in  such  manner  and  under 
such  regulations  as  he  may  think  proper.     All  penalties 
herein  provided  may  be  sued  for,  prosecuted,  recovered, 
and   disposed   of   in   the   manner   prescribed   by   section 
forty-three  hundred  and  five  of  the  Revised  Statutes. 

343.  Canadian  wrecks. 

Canadian  vessels  and  wrecking  appurtenance  may  ren-  May  24,  i890. 
der  aid  and  assistance  to  Canadian  or  other  vessels  and 
jDroperty  wrecked,  disabled,  or  in  distress  in  the  waters  of 
the  United  States  contiguous  to  the  Dominion  of  Canada : 
Provided^  That  this  act  shall  not  take  effect  until  procla- 
mation by  the  President  of  the  United  States  that  the 
privilege  of  aiding  American  or  other  vessels  and  prop- 
erty Avrecked,  disabled,  or  in  distress  in  Canadian  waters 
contiguous  to  the  United  States  has  been  extended  by  the 
Government  of  the  Dominion  of  Canada  to  American  ves- 
sels and  Avrecking  appliances  of  all  descriptions.  This  Mar.  3,  1893. 
act  shall  be  construed  to  apply  to  the  canal  and  improve- 
ment of  the  waters  between  Lake  Erie  and  Lake  Huron, 
and  to  the  waters  of  the  Saint  Mary's  Eiver  and  canal: 
And  provided  further^  That  this  act  shall  cease  to  be  in 
force  from  and  after  the  date  of  the  proclamation  of  the 
President  of  the  United  States  to  the  effect  that  said 
reciprocal  privilege  has  been  withdrawn,  revoked,  or  ren- 
dered iiioperative  by  the  said  Government  of  the  Domin- 
ion of  Canada. 

344.  "Wrecks  in  foreign  waters. 

Consuls  and  vice-consuls,  in  cases  where  vessels  of  the  R.  s.,  423s. 
United  States  are  stranded  on  the  coasts  of  their  consu- 
lates respectively,  shall,  as  far  as  the  laws  of  the  country 
will  jDermit,  take  proper  measures,  as  well  for  the  purpose 
of  saving  the  vessels,  their  cargoes  and  appurtenances,  as 
for  storing  and  securing  the  effects  and  merchandise 
saved,  and  for  taking  inventories  thereof;  and  the  mer- 
chandise and  effects  saved,  with  the  inventories  thereof  so 
taken,  shall,  after  deducting  therefrom  the  expenses,  be 
delivered  to  the  owners.  No  consul  or  vice-consul  shall 
have  authority  to  take  possession  of  any  such  merchan- 
dise, or  other  property,  when  the  master,  owner,  or  con- 
signee thereof  is  present  or  capable  of  taking  possession 
of  the  same. 

96694°— 11 20 


306  NAVIGATION   L.\WS   OF   THE   UNITED   STATES. 

345.   Wrecks  in  Florida  waters. 

R.  s.,  4239.  jtj[  property,  of  any  description  whatsoever,  which 
shall  be  taken  "from  any  wreck,  from  the  sea,  or  from  any 
of  the  keys  and  shoals,  within  the  jurisdiction  of  the 
United  States,  on  the  coast  of  P'lorida,  shall  be  brought  to 
some  port  of  entrv  within  the  jurisdiction  of  the  United 
States. 

R.  s.,4240.  Every  vessel  which  shall  be  engaged  or  employed  in 
carrying  or  transporting  any  property  whatsoever,  taken 
from  any  wreck,  from  the  sea,  or  from  an}^  of  the  keys  or 
shoals,  within  the  jurisdiction  of  the  United  States,  on  the 
coast  of  Florida,  to  any  foreign  port,  shall,  together  with 
her  tackle,  apparel,  and  furniture,  be  forfeited,  and  all 
forfeitures  incurred  by  virtue  of  this  section  shall  accrue, 
one  moiety  to  the  informer  and  the  other  to  the  United 
States. 

R.  s.,  4241.  No  vessel,  or  master  thereof,  shall  be  regularly  em- 

ployed in  the  business  of  wrecking  on  the  coast  of  Florida 
without  the  license  of  the  judge  of  the  district  court  for 
the  district  of  Florida;  and,  before  licensing  any  vessel 
or  master,  the  judge  shall  be  satisfied  that  the  vessel  is 
sea-worthy,  and  properly  and  sufficiently  fitted  and 
equipped  for  the  business  of  saving  property  shipwrecked 
and  in  distress;  and  that  the  master  thereof  is  trust- 
worthy, and  innocent  of  any  fraud  or  misconduct  in  rela- 
tion to  any  property  shipwrecked  or  saved  on  the  coast. 


Part  XXIX.— EEVENUE  CUTTEKS. 


346.   Revenue  cutters. 

The  President  may,  for  the  better  securing  the  collec-  ^-  S-  2^47. 
tion  of  import  or  tonnage  duties,  cause  to  be  maintained 
so  many  of  the  revenue-cutters  as  may  be  necessary  to  be 
employed  for  the  protection  of  the  revenue,  the  expense 
whereof  shall  be  paid  oat  of  such  sum  as  shall  be  annually 
appropriated  for  the  revenue-cutter  service,  and  not  other- 
wise. 

The  Secretary  of  the  Treasury  may  direct  the  perform-   R.  s.,  2758. 
ance  of  any  service  by  the  re  venue- vessels  which,  in  his 
judgment,  is  necessary  for  the  protection  of  the  revenue. 

The  officers  of  the  revenue-cutters  shall  respectively  be  R.  s.,  2760. 
deemed  officers  of  the  customs,  and  shall  be  subject  to  the 
direction  of  such  collectors  of  the  revenue,  or  other  officers 
thereof,  as  from  time  to  time  shall  be  desigiiated  for  that 
purpose.  They  shall  go  on  board  all  vessels  which  arrive 
within  the  United  States  or  within  four  leagues  of  the 
coast  thereof,  if  bound  for  the  United  States,  and  search 
and  examine  the  same,  and  every  part  thereof,  and  shall 
demand,  receive,  and  certify  the  manifests  required  to  be 
on  board  certain  vessels,  shall  affix  and  put  proper  fasten- 
ings on  the  hatches  and  other  communications  with  the 
hold  of  any  vessel,  and  shall  remain  on  board  such  vessels 
until  they  arrive  at  the  port  or  place  of  their  destination. 

The  collector  of  each  district  may,  with  the  approval  of  r.  s.,  2763. 
tlie  Secretary  of  the  Treasury,  provide  and  employ  such 
small  open  row  and  sail  boats,  and  persons  to  serve  in 
them,  as  shall  be  necessary  for  the  use  of  the  surveyors 
and  inspectors  in  going  on  board  of  vessels  and  otherwise, 
for  the  better  detection  of  frauds. 

The  cutters  and  boats  employed  in  the  service  of  the  R.  s.,  2764. 
revenue  shall  be  distinguished  from  other  vessels  by  an 
ensign  and  pendant,  with  such  marks  thereon  as  shall  be 
prescribed  by  the  President.  If  any  vessel  or  boat,  not 
employed  in  the  service  of  the  revenue,  shall,  within  the 
jurisdiction  of  the  United  States,  carry  or  hoist  any  pend- 
ant or  ensign  prescribed  for  vessels  in  such  service,  the 
master  of  the  vessel  so  offending  shall  be  liable  to  a  pen- 
alty of  one  hundred  dollars. 

"\Vlienever  any  vessel  liable  to  seizure  or  examination  R-  s.,  2765. 
does  not  bring-to,  on  being  required  to  do  so,  or  on  being 

307 


308  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

chased  by  any  cutter  or  boat  which  has  displayed  the 
pendant  and  ensign  prescribed  for  vessels  in  the  revenue 
service,  the  master  of  such  cutter  or  boat  may  fire  at  or 
into  such  vessel  which  does  not  bring-to,  after  such  pend- 
ant and  ensign  has  been  hoisted,  and  a  gun  has  been  fired 
by  such  cutter  or  boat  as  a  signal;  and  such  master,  and 
all  persons  acting  by  or  under  his  direction,  shall  be 
indemnified  from  any  penalties  or  actions  for  damages 
for  so  doing.  If  any  person  is  killed  or  wounded  by  such 
firing,  and  the  master  is  prosecuted  or  arrested  therefor, 
he  shall  be  forthwith  admitted  to  bail. 
July  7, 1884.  Hereafter  revenue  cutters  shall  be  used  exclusively  for 
the  public  service,  and  in  no  way  for  private  purposes. 


Part  XXX.— REMISSION  OF  FINES  AND  PENALTIES. 


347.    Remission  of  fines  and  penalties. 

Whenever  any  person  who  shall  have  incurred  any  fine,  p-  s.,  5292. 
penalty,  or  forfeitare,  or  disability,  or  may  be  interested 
in  anv  vessel  or  merchandise  which  has  become  subject  to 
anv  seizure,  forfeiture,  or  disability  by  authority  of  any 
provisions  of  law  for  imposing  or  collecting  any  duties  or 
taxes,  or  relating  to  registering,  recording,  enrolling,  or 
licensing  vessels  and  for  regulating  the  same,  or  provid- 
ing for  the  suppression  of  insurrections  or  unlawful  com- 
binations against  the  United  States,  shall  prefer  his 
petition  to  the  judge  of  the  district  in  which  such  fine, 
penalty,  or  forfeiture,  or  disability  has  accrued,  truly  and 
particularly  setting  forth  the  circumstances  of  his  case, 
and  shall  prav  that  the  same  may  be  mitigated  or  re- 
mitted, the  judge  shall  inquire,  in  a  summary  manner, 
into  the  circumstances  of  the  case;  first  causing  reason- 
able notice  to  be  given  to  the  person  claiming  such  fine, 
penalty,  or  forfeiture,  and  to  the  attorney  of  the  United 
States  for  such  district,  that  each  may  have  an  opportu- 
nity of  showing  cause  against  the  mitigation  or  remission 
thereof;  and  shall  cause  the  facts  appearing  upon  such 
inquiry  to  be  stated  and  annexed  to  the  petition,  and 
direct  their  transmission  to  the  Secretary  of  the  Treasury 
[Secretary  of  Commerce  and  Labor  in  some  cases].  The  Feb.  14,  1903. 
Secretarv  shall  thereupon  have  power  to  mitigate  or  ^ec.  10. 
remit  such  fine,  forfeiture,  or  penalty,  or  remove  such 
disability,  or  anv  part  thereof,  if.  in  his  opinion,  the  same 
was  incurred  without  willful  negligence,  or  any  intention 
of  fraud  in  the  person  incurring  the  same;  and  to  direct 
the  prosecution,  if  any  has  been  instituted  for  the  recov- 
ery thereof,  to  cease  and  be  discontinued,  upon  such  terms 
or  conditions  as  he  mav  deem  reasonable  and  just. 

The  Secretary  of  the  Treasurv  [Secretary  of  Commerce  R.  s.,  5293 
and  Labor  in  some  cases]  is  authorized  to  prescribe  such  Feb.^i4. 1903. 
rules  and  modes  of  proceeding  to  ascertain  the  facts  upon 
wdiich  an  application  for  remission  of  a  fine,  penalty,  or 
forfeiture  is  founded,  as  he  deems  proper,  and,  upon 
ascertaining  them,  to  remit  the  fine,  penalty,  or  forfeiture, 
if  in  his  opinion  it  was  incurred  without  willful  negli- 
gence or  fraud,  in  either  of  the  following  cases: 

First.  If  the  fine,  penalty,  or  forfeiture  was  imposed 
under  authority  of  any  revenue  law^,  and  the  amount  does 
not  exceed  one  thousand  dollars. 


310  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

Second.  Where  the  case  occurred  within  either  of  the 
collection  districts  in  the  States  of  California  or  Oregon. 
Third.  If  the  fine,  penalty,  or  forfeiture  was  imposed 
under  authority  of  any  provisions  of  law  relating  to  the 
importation  of  merchandise  from  foreign  contiguous  ter- 
ritory, or  relating  to  manifests  for  vessels  enrolled  or 
licensed  to  carry  on  the  coasting- trade  on  the  northern, 
northeastern,  and  northwestern  frontiers. 

Fifth.  If  the  fine,  penalty,  or  forfeiture  was  imposed  by 
authority  of  any  provisions  of  law  for  levying  or  collect- 
Mar.  3, 1899.    ing  any  duties  or  taxes,  or  relating  to  registering,  record- 
Sec.  175.         jj^g^  enrolling,  or  licensing  vessels,  and  the  case  arose 
within  the  collection-district  of  Alaska,  or  was  imposed 
by  virtue  of  any  provisions  of  law  relating  to  fur-seals 
upon  the  islands  of  Saint  Paul  and  Saint  George. 
R.  s.,  5294.  xhe  Secretary  of  Commerce  and  Labor  may,  upon  ap- 

Ma^r  ^^1896^  pHcatiou  thcrcfor,  remit  or  mitigate  any  fine,  penalty,  or 
Feb.  14, 1903.  forfeiture  provided  for  in  laws  relating  to  vessels  or  dis- 
sec.  10.  continue  any  prosecution  to  recover  penalties  or  relating 

to  forfeitures  denounced  in  such  laws,  excepting  the  pen- 
alty of  imprisonment  or  of  removal  from  office,  upon  such 
terms  as  he,  in  his  discretion,  shall  think  proper ;  and  all 
rights  granted  to  informers  by  such  laws  shall  be  held 
subject  to  the  Secretary's  powers  of  remission,  except  in 
cases  where  the  claims  of  any  informer  to  the  share  of 
any  penalty  shall  have  been  determined  by  a  court  of 
competent  jurisdiction  prior  to  the  application  for  the  re- 
mission of  the  penalty  or  forfeiture;  and  the  Secretary 
shall  have  authority  to  ascertain  the  facts  upon  all  such 
applications  in  such  manner  and  under  such  regulations 
as  he  may  deem  proper. 
R,  s.,  5295.  ^i^y  officer  or  other  person  entitled  to  or  interested  in 

a  part  or  share  of  any  fine,  penalty,  or  forfeiture  incurred 
under  any  law  of  the  United  States,  may  be  examined  as 
a  witness  in  any  of  the  proceedings  for  the  recovery  of 
such  fine,  penalty,  or  forfeiture  by  either  of  the  parties 
thereto,  and  such  examination  shall  not  deprive  such 
w^itness  of  his  share  or  interest  in  such  fine,  penalty,  or 
forfeiture. 
June  26, 1884,  Whenever  any  fine,  penalty,  forfeiture,  exaction,  or 
Sec.  26.  charge  arising  under  the  laws  relating  to  vessels  or  seamen 

has  been  paid  to  any  collector  ot  customs  or  consular  offi- 
cer, and  application  has  been  made  within  one  year  from 
such  payment  for  the  refunding  or  remission  of  the  same, 
Feb.  14, 1903.  ^\yQ  Secretary  of  Commerce  and  Labor  if  on  investigation 
Sec.  10.  YiQ  finds  that  such  fine,  penalty,  forfeiture,  exaction,  or 

charge  was  illegally,  improperly,  or  excessively  imposed, 
shall  have  the  power,  either  before  or  after  the  same  has 
been  covered  into  the  Treasury,  to  refund  so  much  of  such 
fine,  penalty,  forfeiture,  exaction  or  charge  as  he  may 
think  proper,  from  any  moneys  in  the  Treasury  not  other- 
wise appropriated. 


Part  XXXL— CATTLE,  LIVE  STOCK,  AND  DAIRY 

TRADE. 


348.  Regulation  of  cattle  ships. 

349.  Inspection  of  live  stock  and  meat 

products. 

350.  Horses  and  liorse  meat. 

351.  Diseased  cattle. 

352.  Quarantine  of  live  stock. 


353.  Exportation     of     diseased     live 

stock. 

354.  Care  of  cattle  in  domestic  trade. 

355.  Neat  cattle. 

356.  Inspection   of   butter   and   dairy 

products. 


348.  Reg-ulation  of  cattle  ships. 

The  Secretary  of  Agriculture  is  hereby  authorized  to  Mar.  3,  i89i. 
examine  all  vessels  which  are  to  carry  export  cattle  from 
the  ports  of  the  United  States  to  foreign  countries,  and  to 
prescribe  by  rules  and  regulations  or  orders  the  accommo- 
dations which  said  vessels  shall  provide  for  export  cattle, 
as  to  space,  ventilation,  fittings,  food  and  water  supply 
and  such  other  requirements  as  he  may  decide  to  be  neces- 
sary for  the  safe  and  proper  transportation  and  humane 
treatment  of  such  animals. 

Whenever  the  owner,  owners,  or  master  of  any  vessel  Sec.  2. 
carrying  export  cattle  shall  willfully  violate  or  cause  or 
permit  to  be  violated  any  rule,  regulation  or  order  made 
pursuant  to  the  foregoing  section  the  vessel  in  respect  of 
which  such  violation  shall  occur  may  be  prohibited  from 
again  carrying  cattle  from  any  port  of  the  United  States 
for  such  length  of  time,  not  exceeding  one  year,  as  the 
Secretary  of  Agriculture  may  direct,  nnd  such  vessel  shall 
be  refused  clearance  from  any  port  of  the  United  States 
accordingly. 

349.  Inspection  of  live  stock  and  meat  products. 

That  on  and  after  October  first,  nineteen  hundred  and  Mar.  4.  i907. 
six,  no  person,  firm,  or  corporation  shall  transport  or 
offer  for  transportation,  and  no  carrier  of  interstate  or 
foreign  commerce  shall  transport  or  receive  for  transpor- 
tation from  one  State  or  Territory  or  the  District  of 
Columbia  to  any  other  State  or  Territory  or  the  District 
of  Columbia,  or  to  any  place  under  the  jurisdiction  of  the 
United  States,  or  to  any  foreign  country,  any  carcasses 
or  parts  thereof,  meat,  or  meat  food  products  thereof 
which  have  not  been  inspected,  examined,  and  marked  as 
"  Inspected  and  passed,"  in  accordance  with  the  terms  of 
this  Act  and  with  the  rules  and  regulations  prescribed  by 
the  Secretary  of  Agriculture:  Provided^  That  all  meat 

311 


312  NAVIGATION   LAWS   OF   THE   UNITED    STATES. 

and  meat  food  products  on  hand  on  October  first,  nineteen 
hundred  and  six,  at  establishments  where  inspection  has 
not  been  maintained,  or  which  have  been  inspected  under 
existing  law,  shall  be  examined  and  labeled  under  such 
rules  and  regulations  as  the  Secretary  of  Agriculture 
shall  prescribe,  and  then  shall  be  allowed  to  be  sold  in 
interstate  or  foreign  commerce. 

That  no  person,  firm,  or  corporation,  or  officer,  agent, 
or  employee  thereof,  shall  forge,  counterfeit,  simulate,  or 
falsely  represent,  or  shall  without  proper  authority  use, 
fail  to  use,  or  detach,  or  shall  knowingly  or  wrongfully 
alter,  deface,  or  destroy,  or  fail  to  deface  or  destroy,  any 
of  the  marks,  stamps,  tags,  labels,  or  other  identification 
devices  provided  for  in  this  Act,  or  in  and  as  directed  by 
the  rules  and  regulations  prescribed  hereunder  by  the 
Secretary  of  Agriculture,  on  any  carcasses,  parts  of  car- 
casses, or  the  food  products,  or  containers  thereof,  subject 
to  the  provisions  of  this  Act,  or  any  certificate  in  relation 
thereto,  authorized  or  required  by  this  Act  or  by  the  said 
rules  and  regulations  of  the  Secretary  of  Agriculture. 

That  the  Secretary  of  Agriculture  shall  cause  to  be 
made  a  careful  inspection  of  all  cattle,  sheep,  swine,  and 
goats  intended  and  offered  for  export  to  foreign  countries 
at  such  times  and  places,  and  in  such  manner  as  he  may 
deem  proper,  to  ascertain  whether  such  cattle,  sheep, 
swine,  ancl  goats  are  free  from  disease. 

And  for  this  purpose  he  may  appoint  inspectors  who 
shall  be  authorized  to  give  an  official  certificate  clearly 
stating  the  condition  in  which  such  cattle,  sheep,  swine, 
and  goats  are  found. 

And  no  clearance  shall  be  given  to  any  vessel  having 
on  board  cattle,  sheep,  swine,  or  goats  for  export  to  a 
foreign  country  until  the  owner  or  shipper  of  such  cattle, 
sheep,  swine,  or  goats  has  a  certificate  from  the  inspector 
herein  authorized  to  be  appointed,  stating  that  the  said 
cattle,  sheep,  swine,  or  goats  are  sound  and  healthy,  or 
unless  the  Secretary  of  Agriculture  shall  have  waived 
the  requirement  of  such  certificate  for  export  to  the  par- 
ticular country  to  which  such  cattle,  sheep,  swine,  or  goats 
are  to  be  exported. 

That  the  Secretary  of  Agriculture  shall  also  cause  to  be 
made  a  careful  inspection  of  the  carcasses  and  parts 
thereof  of  all  cattle,  sheep,  swine,  and  goats,  the  meat  of 
Avhich,  fresh,  salted,  canned,  corned,  packed,  cured,  or 
otherwise  prepared,  is  intended  and  offered  for  export 
to  any  foreign  country,  at  such  times  and  places  and  in 
such  manner  as  he  may  deem,  proper. 

And  for  this  purpose  he  may  appoint  inspectors  who 
shall  be  authorized  to  give  an  official  certificate  stating 
the  condition  in  which  said  cattle,  sheep,  swine,  or  goats, 
and  the  meat  thereof,  are  found. 

And  no  clearance  shall  be  given  to  any  vessel  having 
on  board  any   fresh,  salted,  canned,  corned,  or  packed 


PART   XXXI. CATTLE,   LIVE    STOCK,   AND   DAIRY   TRADE.  313 

beef,  mutton,  pork,  or  goat  meat,  being  the  meat  of  ani- 
mals killed  after  the  passage  of  this  Act.  or  except  as 
hereinbefore  provided  for  export  to  and  sale  ni  a  for- 
eign country  from  any  port  in  the  United  States,  until  the 
owner  or  shipper  thereof  shall  obtain  from  an  inspector 
appointed  uncfer  the  provisions  of  this  Act  a  certificate 
that  the  said  cattle,  sheep,  swine,  and  goats  were  sound 
and  healthv  at  the  time  of  inspection,  and  that  their 
meat  is  sound  and  wholesome,  unless  the  Secretary  of 
Ao-riculture  shall  have  waived  the  requirements  of  such 
certificate  for  the  country  to  which  said  cattle,  sheep, 
swine,  and  goats  or  meats  are  to  be  exported. 

That  the  inspectors  provided  for  herein  shall  be  author- 
ized to  give  official  certificates  of  the  sound  and  whole- 
some condition  of  the  cattle,  sheep,  swine,  and  goats,  their 
carcasses  and  products  as  herein  described ;  and  one  copy 
of  every  certificate  granted  under  the  provisions  of  this 
Act  shall  be  filed  in  the  Department  of  Agriculture, 
anotlier  copv  shall  be  delivered  to  the  owner  or  shipper, 
and  when  the  cattle,  sheep,  swine,  and  goats  or  their  car- 
casses and  products  are  sent  abroad,  a  third  copy  shall 
be  delivered  to  the  chief  officer  of  the  vessel  on  which  the 
shipment  shall  be  made. 

That  no  person,  firm,  or  corporation  engaged  in  the 
interstate  commerce  of  meat  or  meat  food  products  shall 
transport  or  ofrer  for  transportation,  sell  or  offer  to  sell 
any  such  meat  or  meat  food  products  in  any  State  or  Ter- 
ritory or  in  the  District  of  Columbia  or  any  place  under 
the  jurisdiction  of  the  United  States,  other  than  in  the 
State  or  Territory  or  in  the  District  of  Columbia  or  any 
place  under  the  jurisdiction  of  the  United  States  in  which 
the  slauohtering,  packing,  canning,  rendering,  or  other 
similar  establishment  owned,  leased,  or  operated  by  said 
firm,  person,  or  corporation  is  located  unless  and  until 
said  person,  firm,  or  corporation  shall  have  complied 
with  all  of  the  provisions  of  this  Act. 

That  anv  person,  firm,  or  corporation,  or  any  officer  or 
a^^ent  of  aiay  such  person,  firm,  or  corporation,  Avho  shall 
violate  anv  of  the  provisions  of  this  Act  shall  be  deemed 
guilty  of  a  misdemeanor  and  shall  be  punished  on  con- 
viction thereof  by  a  fine  of  not  exceeding  ten  thousand 
dollars  or  imprisonment  for  a  period  of  not  more  than 
two  years,  or  by  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court. 
350.   Horses  and  horse  meat. 

Live  horses  and  the  carcasses  and  products  thereof  be  Mar.  22. 1898. 
entitled  to  the  same  inspection  as  other  animals,  carcasses, 
and  products  thereof,  herein  named:  Provided  further, 
That  the  Secretary  of  Agriculture  may  in  his  discretion 
waive  the  requirement  of  a  certificate  with  beef  and  other 
products,  which  are  exported  to  countries  that  do  not  re- 
quire such  inspection. 


May  25,  1900. 


314  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

351.  Diseased  cattle. 

Aug.  30.  i8yo.      The  importation  of  neat  cattle,  sheep,  and  other  rumi- 
Sec.  6.  nants,  and  swine,  which  are  diseased  or  infected  with  any 

disease,  or  which  shall  have  been  exposed  to  such  infec- 
tion within  sixty  days  next  before  their  exportation,  is 
hereby  j)rohibited;  and  any  person  who  shall  knowingly 
violate  the  foregoing  provision  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall,  on  conviction,  be  punished  by  a 
fine  not  exceeding  five  thousand  dollars,  or  b}^  imprison- 
ment not  exceeding  three  years,  and  any  vessel  or  vehicle 
used  in  such  unlawful  importation  with  the  knowledge  of 
the  master  or  owner  of  said  vessel  or  vehicle  that  such 
importation  is  diseased  or  has  been  exj)osed  to  infection 
as  herein  described,  shall  be  forfeited  to  the  United 
States. 

352.  Quarantine  of  live  stock. 

Aug.  30, 1890.      Xhe  Secretary  of  Agriculture  be,  and  is  hereby,  author- 
^^*^*^*  ized,  at  the  expense  of  the  owner,  to  place  and  retain  in 

quarantine  all  neat  cattle,  sheep,  and  other  ruminants, 
and  all  swine,  imported  into  the  United  States,  at  such 
ports  as  he  may  designate  for  such  purpose,  and  under 
such  conditions  as  he  may  by  regidation  prescribe,  respec- 
tively, for  the  several  classes  of  animals  above  described; 
and  for  this  purpose  lie  may  have  and  maintain  possession 
of  all  lands,  buildings,  animals,  tools,  fixtures,  and  appur- 
tenances now  in  use  for  the  quarantine  of  neat  cattle,  and 
hereafter  jDurchase,  construct,  or  rent  as  may  be  necessary, 
and  he  may  appoint  veterinary  surgeons,  inspectors,  offi- 
cers, and  employees  by  him  deemed  necessary  to  maintain 
such  quarantine,  and  provide  for  the  execution  of  the 
other  provisions  of  this  act. 
Sec.  8.  The  importation  of  all  animals  described  in  tjiis  act  into 

any  port  in  the  United  States,  excej^t  such  as  may  be 
designated  by  the  Secretary  of  Agriculture,  with  the  ap- 
proval of  the  Secretary  of  the  Treasury,  as  quarantine 
stations,  is  hereby  prohibited ;  and  the  Secretary  of  Agri- 
culture may  cause  to  be  slaughtered  such  of  the  animals 
named  in  this  act  as  may  be,  under  regulations  prescribed 
by  him,  adjudged  to  be  infected  with  any  contagious  dis- 
ease, or  to  have  been  exposed  to  infection  so  as  to  be  dan- 
gerous to  other  animals;  and  that  the  value  of  animals 
so  slaughtered  as  being  so  exposed  to  infection  but  not 
infected  may  be  ascertained  by  the  agreement  of  the  Sec- 
retary of  Agriculture  and  owners  thereof,  if  practicable ; 
otherwise,  by  the  appraisal  by  two  persons  familiar  with 
the  character  and  value  of  such  property,  to  be  appointed 
by  the  Secretary  of  Agriculture,  whose  decision,  if  they 
agree,  shall  be  final;  otherwise  the  Secretary  of  Agricul- 
ture shall  decide  between  them,  and  his  decision  shall  be 
final;  and  the  amount  of  the  value  thus  ascertained  shall 
be  paid  to  the  owner  thereof  out  of  money  in  the  Treas- 
ury api^ropriated  for  the  use  of  the  Bureau  of  Animal 


PART   XXXI. CATTLE,   LIVE   STOCK,  AND   DAIEY   TRADE.  315 

Industry ;  but  no  payment  shall  be  made  for  any  animal 
imported  in  violation  of  the  provisions  of  this  act. 

If  any  animals  subject  to  quarantine  according  to  the 
13rovisions  of  this  act  are  brought  into  any  port  of  the 
United  States  where  no  quarantine  station  is  established 
the  collector  of  such  port  shall  require  the  same  to  be  con- 
veyed by  the  vessel  on  which  they  are  imported  or  are 
found  to  the  nearest  quarantine  station,  at  the  expense  of 
the  owner. 

Whenever,  in  the  opinion  of  the  President,  it  shall  be  See.  9. 
necessary  for  the  protection  of  animals  in  the  United 
States  against  infectious  or  contagious  diseases,  he  may, 
by  proclamation,  suspend  the  importation  of  all  or  any 
class  of  animals  for  a  limited  time,  and  may  change, 
modify,  revoke,  or  renew  such  proclamation,  as  the  pub- 
lic good  may  require;  and  during  the  time  of  such  sus- 
pension the  importation  of  any  such  animals  shall  be 
unlawful. 

The  Secretary  of  Agriculture  shall  cause  careful  inspec-  see.  lO. 
tion  to  be  made  by  a  suitable  officer  of  all  imported  ani- 
mals described  in  this  act,  to  ascertain  whether  such  ani- 
mals are  infected  with  contagious  diseases  or  have  been 
exposed  to  infection  so  as  to  be  dangerous  to  other 
animals,  which  shall  then  either  be  placed  in  quarantine 
or  dealt  with  according  to  the  regulations  of  the  Secre- 
tary of  Agriculture;  and  all  food,  litter,  manure,  cloth- 
ing, utensils,  and  other  appliances  that  have  been  so 
related  to  such  animals  on  board  ship  as  to  be  judged 
liable  to  convey  infection  shall  be  dealt  with  according  to 
the  regulations  of  the  Secretary  of  Agriculture ; 

And  the  Secretary  of  Agriculture  may  cause  inspection 
to  be  made  of  all  animals  described  in  this  act  intended 
for  exportation,  and  provide  for  the  disinfection  of  all 
vessels  engaged  in  the  transportation  thereof,  and  of  all 
barges  or  other  vessels  used  in  the  conveyance  of  such  ani- 
mals intended  for  export  to  the  ocean  steamer  or  other 
vessels,  and  of  all  attendants  and  their  clothing,  and  of 
all  headropes  and  other  appliances  used  in  such  exporta- 
tion, by  such  orders  and  regulations  as  he  raay  prescribe ; 
and  if^  upon  such  inspection,  any  such  animals  shall  be 
adjudged,  under  the  regulations  o'^f  the  Secretary  of  Agri- 
culture, to  be  infected  or  to  have  been  exposed  to  infection 
so  as  to  be  dangerous  to  other  animals,  they  shall  not  be 
allowed  to  be  placed  upon  any  vessel  for  exportation ;  the 
expense  of  all  the  inspection  and  disinfection  provided 
for  in  this  section  to  be  borne  by  the  owners  of  the  ves- 
sels on  which  such  animals  are  exported. 
353.   Exportation  of  diseased  live  stock. 

In  order  to  enable  the  Secretary  of  Agriculture  to  Feb.  2,1903. 
effectually  suppress  and  extirpate  contagious  pleuropneu- 
monia, foot  and  mouth  disease,  and  other  dangerous  con- 
tagious, infectious,  and  communicable  diseases  in  cattle 
and  other  live  stock,  and  to  prevent  the  spread  of  such 
diseases,  the  powers  conferred  on  the  Secretary  of  the 


316  NAVIGATION    LAWS    OF   THE    UNITED    STATES. 

Treasury  by  sections  four  and  fi^-e  of  an  Act  entitled 
"An  Act  for  the  establishment  of  a  Bureau  of  Animal 
Industry,  to  prevent  the  exportation  of  diseased  cattle, 
and  to  provide  means  for  the  suppression  and  extirpation 
of  pleuropneumonia  and  other  contagious  diseases  among 
domestic  animals,"  approved  May  twenty-ninth,  eighteen 
hundred  and  eighty-four  (twenty-third  United  States 
Statutes,  thirty-one) ,  are  hereby  conferred  on  the  Secre- 
tary of  Agriculture,  to  be  exercised  exclusively  by  him. 
He  is  hereby  authorized  and  directed,  from  time  to  time, 
to  establish  such  rules  and  regulations  concerning  the 
exportation  and  transportation  of  live  stock  from  any 
place  within  the  United  States  where  he  may  have  reason 
to  believe  such  diseases  may  exist  into  and  through  any 
State  or  Territory,  including  the  Indian  Territory,  and 
into  and  through  the  District  of  Columbia  and  to  for- 
eign countries,  as  he  may  deem  necessary,  and  all  such 
rules  and  regulations  shall  have  the  force  of  law.  When- 
ever any  inspector  or  assistant  inspector  of  the  Bureau 
of  Animal  Industry  shall  issue  a  certificate  showing  that 
such  officer  had  inspected  any  cattle  or  other  live  stock 
which  were  about  to  be  shipped,  driven,  or  transported 
from  such  locality  to  another,  as  above  stated,  and  had 
found  them  free  from  Texas  or  splenetic  fever  infection, 
pleuropneumonia,  foot  and  mouth  disease,  or  any  other 
infectious,  contagious,  or  communicable  disease,  such  ani- 
mals, so  inspected  and  certified,  may  be  shipped,  driven, 
or  transported  from  such  place  into  and  through  any 
State  or  Territory,  including  the  Indian  Territory,  and 
into  and  through  the  District  of  Columbia.*  or  they  may 
be  exported  from  the  United  States  without  further  in- 
spection or  the  exaction  of  fees  of  any  kind,  except  such 
as  may  at  an}^  time  be  ordered  or  exacted  by  the  Secretary 
of  Agriculture;  and  all  such  animals  shall  at  all  times 
be  under  the  control  and  supervision  of  the  Bureau  of 
Animal  Industry  of  the  Agricultural  Department  for  the 
purposes  of  such  inspection. 

Sec.  2.  The  Secretary  of  Agriculture  shall  have  authority  to 

make  such  regulations  and  take  such  measures  as  he  niay 
deem  proper  to  prevent  the  introduction  or  dissemination 
of  the  contagion  of  any  contagious,  infectious,  or  com- 
municable disease  of  animals  from  a  foreign  country  into 
•  the  United  States  or  from  one  State  or  Territory  of  the 
United  States  or  the  District  of  Columbia  to  another,  and 
to  seize,  quarantine,  and  dispose  of  any  hay,  straw,  for- 
age, or  similar  material,  or  any  meats,  hides,  or  other 
animal  products  coming  from  an  infected  foreign  country 
to  the  United  States,  or  from  one  State  or  Territory  or 
the  District  of  Columbia  in  transit  to  another  State  or 
Territory  or  the  District  of  Columbia  whenever  in  his 
judgment  such  action  is  advisable  in  order  to  guard 
against  the  introduction  or  spread  of  such  contagion. 

Sec.  3.  Any  person,  companv.  or  corporation  knowingly  vio- 

lating the  provisions  of  this  Act  or  the  orders  or  regula- 


PART   XXXI. CATTLE,   LIVE    STOCK,   AND   DAIRY   TRADE.  317 

tions  made  in  pursuance  thereof  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  shall  be  punished  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars,  or  by  imprisonment  not  more  than  one 
3^ear,  or  by  both  such  fine  and  imprisonment. 
354.    Care  of  cattle  in  domestic  trade. 

No  railroad,  express  company,  car  company,  common  June  29, 1906. 
carrier  other  than  by  water,  or  the  receiver,  trustee,  or 
lessee  of  any  of  them,  whose  road  forms  an}'  part  of  a  line 
of  road  over  which  cattle,  sheep,  swine,  or  other  animals 
shall  be  conveyed  from  one  State  or  Territory  or  the 
District  of  Columbia  into  or  through  another  State  or 
Territory  or  the  District  of  Columbia,  or  the  owners  or 
masters  of  steam,  sailing,  or  other  vessels  carrying  or 
transporting  cattle,  sheep,  swine,  or  other  animals  from 
one  State  or  Territory  or  the  District  of  Columbia  into  or 
through  another  State  or  Territory  or  the  District  of 
Columbia,  shall  confine  the  same  in  cars,  boats,  or  vessels 
of  any  description  for  a  period  longer  than  twenty-eight 
consecutive  hours  without  unloading  the  same  in  a  hu- 
mane manner,  into  properly  equipped  pens  for  rest, 
water,  and  feeding,  for  a  period  of  at  least  five  consecu- 
tive hours,  unless  prevented  by  storm  or  by  other  acci- 
dental or  unavoidable  causes  which  can  not  be  anticipated 
or  avoided  by  the  exercise  of  due  diligence  and  foresight : 
Provided^  That  upon  the  written  request  of  the  owner  or 
person  in  custody  of  that  particular  shipment,  which 
written  request  shall  be  separate  and  apart  from  any 
printed  bill  of  lading,  or  other  railroad  form,  the  time  of 
confinement  may  be  extended  to  thirty-six  hours.  In 
estimating  such  confinement,  the  time  consumed  in  load- 
ing and  unloading  shall  not  be  considered,  but  the  time 
during  which  the  animals  have  been  confined  without 
such  rest  or  food  or  water  on  connecting  roads  shall  be 
included,  it  being  the  intent  of  this  Act  to  prohibit  their 
continuous  confinement  beyond  the  period  of  twenty- 
eight  hours,  except  upon  the  contingencies  hereinbefore 
stated:  Provided^  That  it  shall  not  be  required  that 
sheep  be  unloaded  in  the  nighttime,  but  where  the  time 
expires  in  the  nighttime  in  case  of  sheep  the  same  may 
continue  in  transit  to  a  suitable  place  for  unloading,  sub- 
ject to  the  aforesaid  limitation  of  thirty-six  hours. 

Animals  so  unloaded  shall  be  properly  fed  and  watered  See.  2. 
during  such  rest  either  by  the  owner  or  person  having  the 
custody  thereof,  or  in  case  of  his  default  in  so  doing,  then 
by  the  railroad,  express  company,  car  company,  common 
carrier  other  than  by  water,  or*^the  receiver,  trustee,  or 
lessee  of  any  of  them,  or  by  the  owners  or  masters  of 
boats  or  vessels  transporting  the  same,  at  the  reasonable 
expense  of  the  owner  or  person  in  custody  thereof,  and 
such  railroad,  express  company,  car  company,  common 
carrier  other  than  by  water,  receiver,  trustee,  or  lessee  of 


318  NAVIGATION   LAWS   OF   THE   UNITED    STATES. 

any  of  them,  owners  or  masters,  shall  in  such  case  have  a 
lien  upon  such  animals  for  food,  care,  and  custody  fur- 
nished, collectible  at  their  destination  in  the  same  manner 
as  the  transportation  charges  are  collected,  and  shall  not 
be  liable  for  any  detention  of  such  animals,  when  such 
detention  is  of  reasonable  duration,  to  enable  compliance 
with  section  one  of  this  Act;  but  nothing  in  this  section 
shall  be  construed  to  prevent  the  owner  or  shipper  of 
animals  from  furnishing  food  therefor,  if  he  so  desires. 

Sec.  3.  Ai^y  railroad,  express  company,  car  company,  common 

carrier  other  than  by  water,  or  the  receiver,  trustee,  or 
lessee  of  any  of  them,  or  the  master  or  owner  of  any 
steam,  sailing,  or  other  vessel  who  knowingly  and  will- 
fully fails  to  comply  with  the  provisions  of  the  two  pre- 
ceding sections  shall  for  every  such  failure  be  liable  for 
and  forfeit  and  pay  a  penalty  of  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars :  Provided^  That 
Avhen  anmials  are  carried  m  cars,  boats,  or  other  vessels 
in  which  they  can  and  do  have  proper  food,  water,  space, 
and  opportunity  to  rest  the  provisions  in  regard  to  their 
being  unloaded  shall  not  apply. 

Sec.  4.  The  penalty  created  by  the  preceding  section  shall  be 

recovered  by  civil  action  in  the  name  of  the  United  States 
in  the  circuit  or  district  court  holden  within  the  district 
where  the  violation  may  have  been  committed  or  the  per- 
son or  corporation  resides  or  carries  on  business;  and  it 
shall  be  the  duty  of  United  States  attorneys  to  prosecute 
all  violations  of  this  Act  reported  by  the  Secretary  of 
Agriculture,  or  which  come  to  their  notice  or  knowledge 
by  other  means. 

Mar.  3,  1905.       No  railroad  company  or  the  owners  or  masters  of  any 

Sec.  2.  steam  or  sailing  or  other  vessel  or  boat  shall  receive  for 

transportation  or  transport  from  any  quarantined  State 
or  Territory  or  the  District  of  Columbia,  or  from  the 
quarantined  portion  of  any  State  or  Territory  or  the  Dis- 
trict of  Columbia,  into  any  other  State  or  Territory  or  the 
District  of  Columbia,  any  cattle  or  other  live  stock,  except 
as  hereinafter  provided;  nor  shall  any  person,  company, 
or  corporation  deliver  for  such  transportation  to  any  rail- 
road company,  or  to  the  master  or  owner  of  any  boat  or 
vessel,  any  cattle  or  other  live  stock,  except  as  herein- 
after provided ;  nor  shall  any  person,  company,  or  corpo- 
ration drive  on  foot,  or  cause  to  be  driven  on  foot,  or 
transport  in  private  conveyance  or  cause  to  be  transported 
in  private  conveyance,  from  a  quarantined  State  or  Terri- 
tory or  the  District  of  Columbia,  or  from  the  quarantined 
portion  of  any  State  or  Territory  or  the  District  of  Co- 
lumbia, into  any  other  State  or  Territory  or  the  District 
of  Columbia,  any  cattle  or  other  live  stock, except  as  here- 
inafter provided. 

Sec.  4.  Cattle  or  other  live  stock  may  be  moved  from  a  quaran- 

tined State  or  Territory  or  the  District  of  Columbia,  or 


PART   XXXI. CATTLE,   LIVE    STOCK,  AND   DAIRY   TRADE. 


319 


from  the  quarantined  portion  of  any  State  or  Territory 
or  the  District  of  Cokimbia,  into  any  other  State  or  Ter- 
ritory or  the  District  of  Cohimbia,  under  and  in  com- 
pliance with  the  rules  and  regulations  of  the  Secretary  of 
Agriculture,  made  and  promulgated  in  pursuance  of  the 
provisions  of  section  three  of  this  Act;  but  it  shall  be 
unlawful  to  move,  or  to  allow  to  be  moved,  any  cattle  or 
other  live  stock  from  any  quarantined  State  or  Territory 
or  the  District  of  Columbia,  or  from  the  quarantined  por- 
tion of  any  State  or  Territory  or  the  District  of  Colum- 
bia, into  any  other  State  or  Territory  or  the  District  of 
Columbia,  in  manner  or  method  or  under  conditions  other 
than  those  prescribed  by  the  Secretary  of  Agriculture. 

Any  person,  company,  or  corporation  violating  the  pro- 
visions of  sections  two  or  four  of  this  Act  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  shall  be  punished  by 
a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
one  thousand  dollars,  or  by  imprisonment  not  more  than 
one  year,  or  by  both  such  fine  and  imprisonment. 

355.   Neat  cattle. 

The  importation  of  neat  cattle  and  the  hides  of  neat 
cattle  from  any  foreign  country  into  the  United  States  is 
prohibited:  Provided^  That  the  operation  of  this  section 
shall  be  suspended  as  to  any  foreign  country  or  countries, 
or  any  parts  of  such  country  or  countries,  whenever  the 
Secretary  of  the  Treasury  shall  officially  determine,  and 
give  public  notice  thereof  that  such  importation  will  not 
tend  to  the  introduction  or  spread  of  contagious  or  infec- 
tious diseases  among  the  cattle  of  the  United  States ;  and 
the  Secretary  of  the  Treasury  is  hereby  authorized  and 
empowered,  and  it  shall  be  his  duty,  to  make  all  necessary 
orders  and  regulations  to  carry  this  section  into  effect,  or 
to  suspend  the  same  as  herein  provided,  and  to  send  copies 
thereof  to  the  proper  officers  in  the  United  States,  and  to 
such  officers  or  agents  of  the  United  States  in  foreign 
countries  as  he  shall  judge  necessary. 

Any  person  convicted  of  a  willful  violation  of  any  of 
the  provisions  of  the  preceding  section  shall  be  fined  not 
exceeding  five  hundred  dollars,  or  imprisoned  not  exceed- 
ing one  year,  or  both,  in  the  discretion  of  the  court. 

Whenever  the  Secretary  of  Agriculture  shall  certify  to 
the  President  of  the  United  States  what  countries  or  parts 
of  countries  are  free  from  contagious  or  infectious  diseases 
of  domestic  animals,  and  that  neat  cattle,  domestic  ani- 
mals, and  hides  can  be  imported  from  such  countries  with- 
out danger  to  the  domestic  animals  of  the  United  States, 
the  President  of  the  United  States  may  suspend  the  pro- 
hibition of  the  importation  of  neat  cattle,  domestic  ani- 
mals, and  hides,  in  the  manner  provided  by  law.  That 
the  President  be,  and  he  is  hereby,  authorized  to  cause 
correspondence  and  negotiation  to  be  had,  through  the 
Department  of  State  or  otherwise,  with  the  authorities 


Sec.  6. 


Aug.  27,  1894. 
Sec.  17. 
July  24,  1897. 
Sec.  25. 
Aug.  5,  1909. 
Sees.  12,  13. 


Aug.  27,  1894. 
Sec.  18. 
July  24,  1897. 
Sec.  26. 

Apr.  25,  1896. 


Apr.  23,  1897. 


320  NAVIGATION   LAWS    OF    THE    UNITED    STATES. 

of  the  Kingdom  of  Great  Britain,  for  the  purpose  of 
securing  the  abrogation  or  modification  of  the  roguhitions 
now  enforced  by  said  authorities  which  require  cattle  im- 
ported into  Great  Britain  from  the  United  States  of 
America  to  be  shiughtered  at  the  port  of  entry,  and  pro- 
hibiting the  same  from  being  carried  alive  to  other  places 
in  said  Kingdom. 

356.   Inspection  of  butter  and  dairy  products. 
May  9,  1902.       All  parts  of  an  Act  providing  for  an  inspection  of 
Sec.  5.  meats  for  exportation,  approved  August  thirtieth,  eight- 

een hundred  and  ninety,  and  of  an  Act  to  provide  for  the 
inspection  of  live  cattle,  hogs,  and  the  carcasses  and  prod- 
ucts thereof  which  are  the  subjects  of  interstate  commerce, 
approved  March  third,  eighteen  hundred  and  ninety-one, 
and  of  amendment  thereto  approved  March  second,  eight- 
een hundred  and  ninety-five,  which  are  applicable  to  the 
subjects  and  purjDOses  described  in  this  section  shall  apply 
to  process  or  renovated  butter.  And  the  Secretary  of 
Agriculture  is  hereb}^  authorized  and  required  to  cause  a 
rigid  sanitary  inspection  to  be  made,  at  such  times  as  he 
may  deem  proper  or  necessary,  of  all  factories  and  store- 
houses where  process  or  renovated  butter  is  manufactured, 
packed,  or  prepared  for  market,  and  of  the  products 
thereof  and  materials  going  into  the  manufacture  of  the 
same.  All  process  or  renovated  butter  and  the  packages 
containing  the  same  shall  be  marked  with  the  words  "  Ren- 
ovated Butter  "  or  ''  Process  Butter  "  and  by  such  other 
marks,  labels,  or  brands  and  in  such  manner  as  ma}-  be 
prescribed  by  the  Secretary  of  Agriculture,  and  no  proc- 
ess or  renovated  butter  shall  be  shipped  or  transported 
from  its  place  of  manufacture  into  any  other  State  or  Ter- 
ritory or  the  District  of  Columbia,  or  to  any  foreign 
country,  until  it  has  been  marked  as  provided  in  this  sec- 
tion. The  Secretary  of  Agriculture  shall  make  all  needful 
regulations  for  carrying  this  section  into  efi'ect,  and  shall 
cause  to  be  ascertained  and  reported  from  time  to  time  the 
quantity  and  quality  of  process  or  renovated  butter  manu- 
factured, and  the  character  and  the  condition  of  the  mate- 
rial from  which  it  is  made.  And  he  shall  also  have  power 
to  ascertain  whether  or  not  materials  used  in  the  manufac- 
ture of  said  process  or  renovated  butter  are  deleterious  to 
health  or  unwholesome  in  the  finished  product,  and  in  case 
such  deleterious  or  unwholesome  materials  are  found  to  be 
used  in  product  intended  for  exportation  or  shipment  into 
other  States  or  in  course  of  exportation  or  shipment  he 
shall  have  power  to  confiscate  the  same.  Any  person, 
firm,  or  corporation  violating  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars  or 
by  imprisonment  not  less  than  one  month  nor  more  than 
six  months,  or  by  both  said  punishments,  in  the  discretion 
of  the  court. 


PART   XXXI. CATTLE,    LIVE    STOCK,   AND   DAIRY   TRADE.  321 

The  Act  of  March  third,  eighteen  hundred  and  ninety-  ^ar.  2, 1901. 
one,  as  amended  March  second,  eighteen  hundred  and  'MaT4'i907 
ninety-five,  for  the  inspection  of  live  cattle  and  products 
thereof,  shall  be  deemed  to  include  dairy  products  in- 
tended for  exportation  to  any  foreign  country,  and  the 
Secretary  of  Agriculture  may  apply,  under  niles  and 
regulations  to  be  prescribed  by  him.  the  provisions  of 
said  Act  for  inspection  and  certification  appropriate  for 
asc;ertaining  the  purity  and  quality  of  such  products, 
and  may  cause  the  same  to  be  so  marked,  stamped,  or  la- 
beled as  to  se(!ure  their  identity  and  mak^,  known  in  the 
markets  of  foreign  countries  to  which  they  may  be  sent 
from  the  United  States  their  purity,  (piality,  and  grade; 
and  all  the  provisions  of  said  Act  relating  to  live  cattle 
and  products  thereof  for  export  shall  apply  to  dairy 
products  so  inspected  and  certified. 

96694°— 11 21 


Part  XXXIL— ADULTEEATED  PRODUCTS. 


357.   General  provision.  I  358.  Adulterated  food  products. 

357.    General  provision. 

June  30, 1906.  ^he  Secretary  of  Agriculture,  whenever  he  has  reason 
to  believe  that  any  articles  are  being  imported  from  for- 
eign countries  which  are  dangerous  to  the  health  of  the 
people  of  the  United  States,  or  which  shall  be  falsely 
labeled  or  branded  either  as  to  their  contents  or  as  to  the 
place  of  their  manufacture  or  production,  shall  make  a 
request  upon  the  Secretary  of  the  Treasury  for  samples 
from  original  packages  of  such  articles  for  inspection  and 
analysis,  and  the  Secretary  of  the  Treasury  is  hereby 
authorized  to  open  such  original  packages  and  deliver 
specimens  to  the  Secretary  of  Agriculture  for  the  pur- 
pose mentioned,  giving  notice  to  the  owner  or  consignee 
of  the  sampling  of  such  articles,  who  may  be  present  and 
have  the  right  to  introduce  testimony  before  the  Secretary 
of  Agriculture,  or  his  representative,  either  in  person  or 
by  agent,  concerning  the  suitability  of  such  articles  for 
entry ;  and  the  Secretary  of  the  Treasury  shall  refuse  de- 
livery to  the  consignee  of  any  such  goods  which  the  Sec- 
retary of  Agriculture  reports  to  him  have  been  inspected 
and  analyzed  and  found  to  be  dangerous  to  health  or 
falsely  labeled  or  branded,  either  as  to  their  contents  or 
as  to  the  place  of  their  manufacture  or  production,  or 
which  are  forbidden  entry  or  to  be  sold,  or  are  restricted 
in  sale  in  the  countries  in  which  they  are  made  or  from 
which  they  are  exported. 
358.   Adulterated  food  products. 

Aug.  30, 1890.  It  shall  be  unlawful  to  import  into  the  United  States 
any  adulterated  or  unwholesome  food  or  drug  or  any 
vinous,  spirituous  or  malt  liquors,  adulterated  or  mixed 
with  any  poisonous  or  noxious  chemical  drug  or  other 
ingredient  injurious  to  health.  Any  person  who  shall 
knowingly  import  into  the  United  States  any  such  adul- 
terated "food  or  drug,  or  drink,  knowing  or  having  rea- 
sons to  believe  the  same  to  be  adulterated,  being  the  owner 
or  the  agent  of  the  owner,  or  the  consignor  or  consignee 
of  the  owner,  or  in  privity  with  them,  assisting  in  such 
unlawful  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  liable  to  prosecution  therefor  in  the  district  court  of 
the  United  States  for  the  district  into  which  such  prop- 
erty is  imported ;  and,  on  conviction,  such  person  shall  be 

322 


Sec.  2. 


PART  XXXII. ADULTERATED  PRODUCTS.  323 

fined  in  a  sum  not  exceeding  one  thousand  dollars  for 
each  separate  shipment,  and  may  be  imprisoned  by  the 
court  for  a  term  not  exceeding  one  year,  or  both,  at  the 
discretion  of  the  court. 

Any  article  designed  for  consumption  as  human  food  see.  3. 
or  drink,  and  any  other  article  of  the  classes  or  descrip- 
tion mentioned  in  this  act,  which  shall  be  imported  into 
the  United  States  contrary  to  its  provisions,  shall  be  for- 
feited to  the  United  States,  and  shall  be  proceeded  against 
under  the  provisions  of  chapter  eiahteen  of  title  thirteen 
of  the  Revised  Statutes  of  the  United  States  [R.  S.,  911- 
1042] ; 

And  such  imported  property  so  declared  forfeited  may 
be  destroyed  or  returned  to  the  importer  for  exportation 
from  the  United  States  after  the  payment  of  all  costs  and 
expenses,  under  such  regulations  as  the  Secretary  of  the 
Treasury  may  prescribe; 

And  the  Secretary  of  the  Treasury  may  cause  such 
imported  articles  to  be  inspected  or  examined  in  order  to 
ascertain  whether  the  same  have  been  so  unlawfully 
imported. 

Whenever  the  President  is  satisfied  that  there  is  good  see.  4. 
reason  to  believe  that  any  importation  is  being  made,  or 
is  about  to  be  made,  into  the  United  States,  from  any  for- 
eign country,  of  any  article  used  for  human  food  or  drink 
that  is  adulterated  to  an  extent  dangerous  to  the  health 
or  welfare  of  the  people  of  the  United  States,  or  any  of 
them,  he  may  issue  his  proclamation  suspending  the  im- 
portation of  such  articles  from  such  country  for  such 
period  of  time  as  he  may  think  necessary  to  prevent  such 
importation ;  and  during  such  period  it  shall  be  unlawful 
to  import  into  the  United  States  from  the  countries  desig- 
nated in  the  proclamation  of  the  President  any  of  the 
articles  the  importation  of  which  is  so  suspended. 

The  introduction  into  any  State  or  Territory  or  the  June  so,  1906. 
District  of  Columbia  from  any  other  State  or  Territory  s®^-^- 
or  the  District  of  Columbia,  or  from  any  foreign  country, 
or  shipment  to  any  foreign  country  of  any  article  of  food 
or  drugs  which  is*^  adulterated  or  misbranded,  within  the 
meaning  of  this  Act,  is  hereby  prohibited;  and  any  per- 
son who  shall  ship  or  deliver  for  shipment  from  any  State 
or  Territory  or  the  District  of  Columbia  to  any  other 
State  or  Territory  or  the  District  of  Columbia,  or  to  a 
foreign  country,  or  who  shall  receive  in  any  State  or  Ter- 
ritory or  the  District  of  Columbia  from  any  other  State 
or  Territory  or  the  District  of  Columbia,  or  foreign  coun- 
try, and  having  so  received,  shall  deliver,  in  original  un- 
broken packages,  for  pay  or  otherwise,  or  offer  to  deliver 
to  any  other  person,  any  such  article  so  adulterated  or 
misbranded  within  the  meaning  of  this  Act,  or  any  person 
who  shall  sell  or  offer  for  sale  in  the  .District  of  Columbia 
or  the  Territories  of  the  United  States  any  such  adulter- 
ated or  misbranded  foods  or  drugs,  or  export  or  offer  to 


324  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

export  the  same  to  any  foreign  country,  shall  be  guilty  of 
a  misdemeanor,  and  for  such  oifense  be  fined  not  exceed- 
ing two  hundred  dollars  for  the  first  offense,  and  upon 
conviction  for  each  subsequent  offense  not  exceeding  three 
hundred  dollars  or  be  imprisoned  not  exceeding  one  year, 
or  both,  in  the  discretion  of  the  court:  Provided,  That  no 
article  shall  be  deemed  misbranded  or  adulterated  within 
the  provisions  of  this  Act  when  intended  for  export  to 
any  foreign  country  and  prepared  or  packed  according  to 
the  specifications  or  directions  of  the  foreig-n  purchaser 
when  no  substance  is  used  in  the  preparation  or  packing 
thereof  in  conflict  with  the  laws  of  the  foreign  country  to 
which  said  article  is  intended  to  be  shipped ;  but  if  said 
article  shall  be  in  fact  sold  or  offered  for  sale  for  domestic 
use  or  consumption,  then  this  proviso  shall  not  exempt 
said  article  from  the  operation  of  any  of  the  other  pro- 
visions of  this  Act. 

Sec.  3.  The  Secretary  of  the  Treasury,  the  Secretary  of  A^gvi- 

culture,  and  the  Secretary  of  Commerce  and  Labor  shall 
make  uniform  rules  and  regulations  for  carrying  out  the 
provisions  of  this  Act,  including  the  collection  and  exam- 
ination of  specimens  of  foods  and  drugs  manufactured  or 
offered  for  sale  in  the  District  of  Columbia,  or  in  any 
Territory  of  the  United  States,  or  which  shall  be  offered 
for  sale  in  unbroken  packages  in  any  State  other  than 
that  in  which  they  shall  have  been  respectively  manu- 
factured or  produced,  or  which  shall  be  received  from  any 
foreign  country,  or  intended  for  shipment  to  any  foreign 
counfry,  or  which  may  be  submitted  for  examination  l^y 
the  chief  health,  food,  or  drug  officer  of  any  State,  Terri- 
tory, or  the  District  of  Columbia,  or  at  any  domestic  or 
foreign  port  through  which  such  product  is  offered  for 
interstate  commerce,  or  for  export  or  import  between  the 
United  States  and  any  foreign  port  or  country. 

Mar.  2, 1897.  It  shall  be  unlawful  for  any  person  or  persons  or  corpo- 
ration to  import  or  bring  into  the  United  States  any  mer- 
chandise as  tea  wdiich  is  inferior  in  purity,  quality,  and 
fitness  for  consumption  to  the  standards  provided  in  sec- 
tion three  of  this  Act,  and  the  importation  of  all  such 
merchandise  is  herewith  prohibited. 

May  16, 1008.  Provided,  That  nothing  herein  shall  affect  or  prevent 
the  importation  into  the  United  States,  under  such  regu- 
lations as  the  Secretary  of  the  Treasury  may  prescribe, 
of  any  merchandise  as  tea  which  may  be  inferior  in  purity, 
quality,  and  fitness  for  consumption  to  the  standards 
established  by  the  Secretary  of  the  Treasury,  or  of  any 
tea  waste,  tea  siftings,  or  tea  sweepings,  for  the  sole  pur- 
pose of  manufacturing  theine,  caffeine,  or  other  chemical 
products  whereby  the  identity  and  character  of  the 
original  material  is  entirely  destroyed  or  changed ;  and 
that  importers  and  manufacturers  who  import  or  bring 
into  the  United  States  such  tea,  tea  waste,  tea  siftings, 


PART  XXXII. ADULTERATED  PRODUCTS.  325 

or  tea  sweepings  shall  give  suitable  bond,  to  be  approved 
as  to  amount  and  securities  by  the  Secretary  of  the 
Treasury,  conditioned  that  said  imported  material  shall 
be  only  used  for  the  purposes  herein  provided,  under  such 
regulations  as  may  be  prescribed  by  the  Secretary  of  the 
Treasury. 


Part  XXXIII.— OPIUM  TRADE. 


859.    Opium  trade. 

Feb.  23, 1887.  xiie  importation  of  opium  into  any  of  the  ports  of  the 
United  States  by  any  subject  of  the  Emperor  of  China  is 
hereby  prohibited.  Every  person  guilty  of  a  violation  of 
the  preceding  provision  shall  be  deemed  giiilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  shall  be  punished 
by  a  fine  of  not  more  than  five  hundred  dollars  nor  less 
than  fifty  dollars,  or  by  imprisonment  for  a  period  of  not 
more  than  six  months  nor  less  than  thirty  days,  or  by  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

Sec  2.  Every  package  containing  opium,  either  in  whole  or  in 

part,  imported  into  the  United  States  by  any  subject  of 
the  Emperor  of  China,  shall  be  deemed  forfeited  to  the 
United  States;  and  proceedings  for  the  declaration  and 
consequences  of  such  forfeiture  may  be  instituted  in  the 
courts  of  the  United  States  as  in  other  cases  of  the  viola- 
tion of  the  laws  relating  to  other  illegal  importations. 

^^^-  ^'  Xo  citizen  of  the  United  States  shall  import  oj^ium  into 

any  of  the  open  ports  of  China,  nor  transport  the  same 
from  one  open  port  to  an}^  other  open  port,  or  buy  or  sell 
opium  in  any  of  such  open  ports  of  China,  nor  shall  any 
vessel  owned  by  citizens  of  the  United  States,  or  any  ves- 
sel, whether  foreign  or  otherwise,  employed  by  any  citi- 
zen of  the  United  States,  or  owned  by  any  citizen  of  the 
United  States,  either  in  whole  or  in  part,  and  employed 
by  persons  not  citizens  of  the  United  States,  take  or  carry 
opium  into  any  of  such  open  ports  of  China,  or  transport 
the  same  from  one  open  port  to  any  other  open  port,  or  be 
engaged  in  any  traffic  therein  between  or  in  such  open 
ports  or  any  of  them.  Citizens  of  the  United  States  of- 
fending against  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars  nor  less  than  fifty  dollars,  or  by  both 
such  punishments,  in  the  discretion  of  the  court. 

The  consular  courts  of  the  United  States  in  China,  con- 
currently with  any  district  court  of  the  United  States  in 
the  district  in  which  any  offender  may  be  found,  shall 
have  jurisdiction  to  hear,  try,  and  determine  all  cases 
arising  under  the  foregoing  provisions  of  this  section, 
subject  to  the  general  regulations  provided  by  law. 

826 


PART   XXXIII. OPIUM   TRADE.  327 

Every  package  of  opium  or  package  containing  opium, 
either  in  whole  or  in  part,  brought,  taken,  or  transported, 
trafficked,  or  dealt  in  contrary  to  the  provisions  of  this 
section,  shall  be  forfeited  to  the  United  States,  for  the 
benefit  of  the  Emperor  of  China ;  and  such  forfeiture,  and 
the  declaration  and  consequences  thereof,  shall  be  made, 
had,  determined,  and  executed  by  the  proper  authorities 
of  the  United  States  exercising  judicial  powers  within  the 
Empire  of  China. 

It  shall  be  unlawful  to  import  into  the  United  States  Feb.  9,  1909. 
opium  in  any  form  or  any  preparation  or  derivative 
thereof:  Provided^  That  opium  and  preparations  and 
derivatives  thereof,  other  than  smoking  opium  or  opium 
prepared  for  smoking,  may  be  imported  for  medicinal 
purposes  only,  under  regulations  which  the  Secretary  of 
the  Treasury  is  hereby  authorized  to  prescribe,  and  when 
so  imported  shall  be  subject  to  the  duties  which  are  now 
or  may  hereafter  be  imposed  by  law. 

If  any  person  shall  fraudulently  or  knowingly  import  Sec.  2. 
or  bring  into  the  United  States,  or  assist  in  so  doing,  any 
opium  or  any  preparation  or  derivative  thereof  contrary 
to  law,  or  shall  receive,  conceal,  buy,  sell,  or  in  any  man- 
ner facilitate  the  transportation,  concealment,  or  sale  of 
such  opium  or  preparation  or  derivative  thereof  after 
importation,  knowing  the  same  to  have  been  imported 
contrary  to  law,  such  opium  or  preparation  or  derivative 
thereof  shall  be  forfeited  and  shall  be  destroyed,  and  the 
offender  shall  be  fined  in  any  sum  not  exceeding  five 
thousand  dollars  nor  less  than  fifty  dollars,  or  by  impris- 
onment for  any  time  not  exceeding  two  years,  or  both, 
^^^enever,  on  trial  for  a  violation  of  this  section,  the 
defendant  is  shown  to  have,  or  to  have  had,  possession  of 
such  opium  or  preparation  or  derivative  thereof,  such 
possession  shall  be  deemed  sufficient  evidence  to  authorize 
conviction  unless  the  defendant  shall  explain  the  posses- 
sion to  the  satisfaction  of  the  jury. 


Part  XXXIV.— RULES  TO  PREVENT  COLLISIOXS. 


360.  Duty  to  stay  by. 

361.  Motor  boat  law. 

362.  International  rules  of  1897. 

363.  Consideration  of  future  rules. 

364.  Inland  rules  of  1897. 

365.  Limits  of  application  of  Interna- 

tional and  inland  or  local  rules. 

366.  Rules  for  the  Great  Lakes  and 

tlie  St.  Lawrence  River. 


367. 


368. 
369. 
370. 


Rules  for  the  Red  River  of  the 
North,  and  rivers  emptying 
into  Gulf  of  Mexico. 

River  navigration. 

Rules  for  the  St.  Mary's  River. 

Regattas  and  marine  parades. 


360.   Duty  to  stay  by. 

Sept.  4,  1890.  jj^  every  case  of  collision  between  two  vessels  it  shall  be 
the  duty  of  the  master  or  person  in  charge  of  each  vessel, 
if  and  so  far  as  he  can  do  so  without  serious  danger  to  his 
own  vessel,  crew,  and  passengers  (if  any),  to  stay  by  the 
other  vessel  until  he  has  ascertained  that  she  has  no  need 
of  further  assistance,  and  to  render  to  the  other  vessel,  her 
master,  crew,  and  passengers  (if  any),  such  assistance  as 
may  be  practicable  and  as  may  be  necessar}^  in  order  to 
save  them  from  any  danger  caused  by  the  collision,  and 
also  to  give  to  the  master  or  person  in  charge  of  the  other 
vessel  the  name  of  his  own  vessel  and  her  port  of  registry, 
or  the  port  or  place  to  which  she  belongs,  and  also  the 
name  of  the  ports  and  places  from  which  and  to  which  she 
is  bound. 

If  he  fails  so  to  do,  and  no  reasonable  cause  for  such 
failure  is  shown,  the  collision  shall,  in  the  absence  of 
proof  to  the  contrary,  be  deemed  to  have  been  caused  by 
his  wrongful  act,  neglect,  or  default. 

Sec.  2.  Every  master  or  person  in  charge  of  a  United  States 

vessel  who  fails,  without  reasonable  cause,  to  render  such 
assistance  or  give  such  information  as  aforesaid  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  liable  to  a 
penalty  of  one  thousand  dollars,  or  imprisonment  for  a 
term  not  exceeding  two  years ;  and  for  the  above  sum  the 
vessel  shall  be  liable  and  may  be  seized  and  proceeded 
against  by  process  in  any  district  court  of  the  United 
States  by  any  person ;  one-half  such  sum  to  be  payable  to 
the  informer  and  the  other  half  to  the  United  States. 

328 


Sec.  3. 


PART   XXXIV. RULES   TO   PREVENT  COLLISIONS.  329 

361.   Motor  boat  law. 

The  words  "  motor  boat "  where  used  in  this  Act  shall  J^^^  ^'  i^^^- 
irjckide  every  vessel  propelled  by  machinery  and  not  more 
than  sixty-five  feet  in  length  except  tug  boats  and  tow 
boats  propelled  by  steam.  The  length  shall  be  measured 
from  end  to  end  over  the  deck,  excluding  sheer:  Pro- 
cidecl^  That  the  engine,  boiler,  or  other  operating  ma- 
chinery shall  be  subject  to  inspection  by  the  local  in- 
spectors of  steam  vessels,  and  to  their  approval  of  the  de- 
sign thereof,  on  all  said  motor  boats,  which  are  more  than 
forty  feet  in  length,  and  which  are  propelled  by  ma- 
chinery driven  by  steam. 

Motor  boats  subject  to  the  provisions  of  this  Act  shall    s^^-^. 
be  divided  into  classes  as  follows : 

Class  one.  Less  than  twenty-six  feet  in  length. 

Class  two.  Twenty-six  feet*^  or  over  and  less  than  forty 
feet  in  length. 

Class  three.  Forty  feet  or  over  and  not  more  than 
sixty-five  feet  in  length. 

Every  motor  boat  in  all  weathers  from  sunset  to  sun- 
rise shall  carry  the  following  lights,  and  during  such  time 
no  other  lights  which  may  be  mistaken  for  those  pre- 
scribed shall  be  exhibited. 

(a)  Every  motor  boat  of  class  one  shall  carry  the  fol- 
loAving  lights: 

First.  A  white  light  aft  to  show  all  around  the  horizon. 

Second.  A  combined  lantern  in  the  fore  part  of  the  ves- 
sel and  lower  than  the  white  light  aft  showing  green  to 
starboard  and  red  to  port,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  their 
respective  sides. 

(b)  Every  motor  boat  of  classes  two  and  three  shall 
carry  the  following  lights: 

First.  A  bright  Avhite  light  in  the  fore  part  of  the  ves- 
sel as  near  the  stem  as  practicable,  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of 
tAventy  points  of  the  compass,  so  fixed  as  to  throw  the 
lidit  ten  points  on  each  side  of  the  vessel,  namely,  from 
right  ahead  to  two  points  abaft  the  beam  on  either  side. 
The  glass  or  lens  shall  be  of  not  less  than  the  followmg 
dimensions : 

Class  two.  Nineteen  square  inches. 

Class  three.  Thirty-one  square  inches.  ^ 

Second.  A  white  light  aft  to  show  all  around  the 
horizon. 


330  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

Third.  On  the  starboard  side  a  green  light  so  con- 
structed as  to  show  an  unbroken  light  over  an  arc  of  the 
horizon  of  ten  points  of  the  compass,  so  fixed  as  to  throw 
the  light  from  right  ahead  to  two  points  abaft  the  beam 
on  the  starboard  side.  On  the  port  side  a  red  light  so 
constructed  as  to  show  an  unbroken  light  over  an  arc  of 
the  horizon  of  ten  points  of  the  compass,  so  fixed  as  to 
throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  port  side.  The  glasses  or  lenses  in  the  said 
side  lights  shall  be  of  not  less  than  the  following  dimen- 
sions on  motor  boats  of — 

Class  two.  Sixteen  square  inches. 

Class  three.  Twenty-five  square  inches. 

On  and  after  July  first,  nineteen  hundred  and  eleven, 
all  glasses  or  lenses  prescribed  by  paragraph  (b)  of  sec- 
tion three  shall  be  fresnel  or  fluted.  The  said  lights  shall 
be  fitted  with  inboard  screens  of  sufficient  height  and  so 
set  as  to  prevent  these  lights  from  being  seen  across  the 
bow  and  shall  be  of  not  less  than  the  following  dimen- 
sions on  motor  boats  of — 

Class  two.  Eighteen  inches  long. 

Class  three.  Twenty-four  inches  long:  Provided^  That 
motor  boats  as  defined  in  this  Act,  when  propelled  by 
sail  and  machinery  or  under  sail  alone,  shall  carry  the  col- 
ored lights  suitably  screened  but  not  the  white  lights  pre- 
scribed by  this  section. 
Sec. 4,  (^a)  Every  motor  boat  under  the  provisions  of  this  Act 

shall  be  provided  with  a  whistle  or  other  sound-produc- 
ing mechanical  appliance  capable  of  producing  a  blast 
of  two  seconds  or  more  in  duration,  and  in  the  case  of 
such  boats  so  provided  a  blast  of  at  least  two  seconds  shall 
be  deemed  a  prolonged  blast  within  the  meaning  of 
the  law. 

(b)  Every  motor  boat  of  class  two  or  three  shall  carry 
an  efficient  fog  horn. 

(c)  Every  motor  boat  of  class  two  or  three  shall  be 
provided  with  an  efficient  bell,  which  shall  be  not  less 
than  eight  inches  across  the  mouth  on  board  of  vessels  of 
class  three. 

Sec.  5.  Every  motor  boat  subject  to  any  of  the  provisions  of 

this  Act,  and  also  all  vessels  propelled  by  machinery  other 
than  by  steam  more  than  sixty-five  feet  in  length,  shall 
carry  either  life-preservers  or  life  belts,  or  buoyant  cush- 
ions, or  ring  buoys  or  other  device,  to  be  prescribed  by  the 
Secretary  of  Commerce  and  Labor,  sufficient  to  sustain 
afloat  every  person  on  board  and  so  placed  as  to  be 
readily  accessible.    All  motor  boats  carrying  passengers 


PART   XXXIV. RULES   TO   PREVENT   COLLISIONS.  331 

for  hire  shall  carry  one  life-preserver  of  the  sort  pre- 
scribed by  the  regulations  of  the  board  of  supervising 
inspectors  for  every  passenger  carried,  and  no  such  boat 
while  so  carrying  passengers  for  hire  shall  be  operated 
or  navigated  except  in  charge  of  a  person  duly  licensed 
for  such  service  by  the  local  board  of  inspectors.  No 
examination  shall  be  required  as  the  condition  of  obtain- 
ing such  a  license,  and  any  such  license  shall  be  revoked 
or  suspended  by  the  local  board  of  inspectors  for  mis- 
conduct, gross  negligence,  recklessness  in  navigation,  in- 
temperance, or  violation  of  law  on  the  part  of  the  holder, 
and  if  revoked  the  person  holding  such  license  shall  be 
incapable  of  obtaining  another  such  license  for  one  year 
from  the  date  of  revocation :  Provided^  That  motor  boats 
shall  not  be  required  to  carry  licensed  officers,  except  as 
required  in  this  Act. 

Every  motor  boat  and  also  every  vessel  propelled  by   Sec.  6. 
machinery  other  than  by  steam,  more  than  sixty-five  feet 
in  length,  shall  carry  ready  for  immediate  use  the  means 
of  promptly  and  effectually  extinguishing  burning  gaso- 
line. 

A  fine  not  exceeding  one  hundred  dollars  may  be  im-  See.  7. 
posed  for  any  violation  of  this  Act.  The  motor  boat  shall 
be  liable  for  the  said  penalty  and  may  be  seized  and  pro- 
ceeded against,  by  way  of  libel,  in  the  district  court  of  the 
United  States  for  any  district  within  which  such  vessel 
may  be  found. 

The  Secretary  of  Commerce  and  Labor  shall  make  such  See.  8. 
regulations  as  may  be  necessary  to  secure  the  proper  exe- 
cution of  this  Act  by  collectors  of  customs  and  other 
officers  of  the  Government.  And  the  Secretary  of  the 
Department  of  Commerce  and  Labor  may,  upon  applica- 
tion therefor,  remit  or  mitigate  any  fine,  penalty,  or  for- 
feiture relating  to  motor  boats  except  for  failure  to 
observe  the  provisions  of  section  six  of  this  Act. 

All  laws  and  parts  of  laws  only  in  so  far  as  they  are   See.  9. 
in  conflict  herewith  are  hereby  repealed :  Provided^  That 
nothing  in  this  Act  shall  be  deemed  to  alter  or  amend 
Acts  of  Congress  embodying  or  revising  international 
rules  for  preventing  collisions  at  sea. 
362.   International  rules  of  1897. 

The  following  regulations  for  preventing  collisions  at  Aug.  19, 1890. 
sea  shall  be  followed  by  all  public  and  private  vessels  of 
the  United  States  upon  the  high  seas  and  in  all  waters 
connected  therewith,  navigable  by  sea-going  vessels. 


332  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

ral"sr"**^^"*^  PRELIMINARY    DEFINITIONS. 

In  the  following  rules  every  steam  vessel  which  is  under 
sail  and  not  under  steam  is  to  be  considered  a  sailing- 
vessel,  and  every  vessel  under  steam,  whether  under  sail  or 
not.  is  to  be  considered  a  steam-vessel. 

The  word  "  steam-vessel "  shall  include  any  vessel  pro- 
pelled by  machinery. 

A  vessel  is  "under  way"  within  the  meaning  of  these 
rules  when  she  is  not  at  anchor,  or  made  fast  to  the  shore, 
or  aground. 

II. — Lights  and  so  forth. 

The  word  "  visible "  in  these  rules  when  applied  to 
lights  shall  mean  visible  on  a  dark  night  with  a  clear  at- 
mosi:»here. 

Article  1.  The  rules  concerning  lights  shall  be  com- 
plied with  in  all  weathers  from  sunset  to  sunrise,  and  dur- 
ing such  time  no  other  lights  which  may  be  mistaken  for 
the  prescribed  lights  shall  be  exhibited. 

STEA]\r  vessels masthead  LIGHT. 

Art.  2.  A  steam-vessel  when  under  way  shall  carry^ 
(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  without  a 
foremast,  then  in  the  fore  part  of  the  vessel,  at  a  height 
above  the  hull  of  not  less  than  twenty  feet,  and  if  the 
breadth  of  the  vessel  exceeds  twenty  feet,  then  at  a  height 
above  the  hull  not  less  than  such  breadth,  so,  however, 
that  the  light  need  not  be  carried  at  a  greater  height  above 
the  hull  than  forty  feet,  a  bright  white  light,  so  con- 
structed as  to  show  an  unbroken  light  over  an  arc  of  the 
horizon  of  twenty  points  of  the  compass,  so  fixed  as  to 
throw  the  light  ten  points  on  each  side  of  the  vessel, 
namely,  from  right  ahead  to  two  points  abaft  the  beam  on 
either  side  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  five  miles. 

STEA]M  vessels SIDE  LIGHTS. 

(b)  On  the  starboard  side  a  green  light  so  constructed 
as  to  show  an  unbroken  light  over  an  arc  of  the  horizon  of 
ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the  star- 
board side,  and  of  such  a  character  as  to  be  visible  at  a 
distance  of  at  least  two  miles. 

(c)  On  the  port  side  a  red  light  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of  ten 
points  of  the  compass,  so  fixed  as  to  throw  the  light  from 
right  ahead  to  two  points  abaft  the  beam  on  the  port  side, 
and  of  such  a  character  as  to  be  visible  at  a  distance  of  at 
least  two  miles. 


PART   XXXIV. RULES   TO   PREVENT    COLLISIONS.  333 

(d)  The  said  green  and  red  side-lights  shall  be  fitted  ^.^^jj*®'^**^""*^ 
with  inboard  screens  projecting  at  least  three  feet  forward 

from  the  light,  so  as  to  prevent  these  lights  from  being 
seen  across  the  bow. 

STEAM  VESSELS RANGE  LIGHTS. 

(e)  A  steam-vessel  when  under  way  may  carry  an  addi- 
tional white  light  similar  in  construction  to  the  light  men- 
tioned in  subdivision  (a).  These  two  lights  shall  be  so 
placed  in  line  with  the  keel  that  one  shall  be  at  least  fif- 
teen feet  higher  than  the  other,  and  in  such  a  position 
with  reference  to  each  other  that  the  lower  light  shall  be 
forward  of  the  upper  one.  The  vertical  distance  between 
these  lights  shall  be  less  than  the  horizontal  distance. 

STEAM-VESSELS  WHEN  TOW^ING. 

Art.  3.  A  steam-vessel  when  towing  another  vessel 
shall,  in  addition  to  her  side-lights,  carry  two  bright 
white  lights  in  a  vertical  line  one  over  the  other,  not  less 
than  six  feet  apart,  and  when  towing  more  tlian  one  ves- 
sel shall  carry  an  additional  bright  white  light  six  feet 
above  or  below  such  light,  if  the  length  of  the  tow  meas- 
uring from  the  stern  of  the  towing  vessel  to  the  stern  of 
the  last  vessel  towed  exceeds  six  hundred  feet.  Each  of 
these  lights  shall  be  of  the  same  construction  and  charac- 
ter, ancl  shall  be  carried  in  the  same  position  as  the  white 
light  mentioned  in  article  two  (a),  excepting  the  addi- 
tional light,  which  may  be  carried  at  a  height  of  not  less 
than  fourteen  feet  above  the  hull. 

Such  steam-vessel  may  carry  a  small  white  light  abaft 
the  funnel  or  aftermast  for  the  vessel  towed  to  steer  by, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 

SPECIAL  LIGHTS. 

Art.  4.  (a)  A  vessel  which  from  any  accident  is  not 
under  command  shall  carry  at  the  same  height  as  a  white 
light  mentioned  in  article  two  (a),  where  they  can  best  be 
seen,  and  if  a  steam-vessel  in  lieu  of  that  light,  two  red 
lights,  in  a  vertical  line  one  over  the  other,  not  less  than 
six  feet  apart,  and  of  such  a  character  as  to  be  visible  all 
around  the  horizon  at  a  distance  of  at  least  two  miles ;  and 
shall  by  day  carry  in  a  vertical  line  one  over  the  other, 
not  less  than  six  feet  apart,  where  they  can  best  be  seen, 
two  black  balls  or  shapes,  each  two  feet  in  diameter. 

(b)  A  vessel  employed  in  laying  or  in  picking  up  a  tele- 
graph cable  shall  carry  in  the  same  position  as  the  white 
light  mentioned  in  article  two  (a),  and  if  a  steam-vessel  in 
lieu  of  that  light,  three  lights  in  a  vertical  line  one  over 
the  other  not  less  than  six  feet  apart.     The  highest  and 


334  NAVIGATION   LAWS   OF    THE   UNITED    STATES. 

^International  lo^egt  of  these  lights  shall  be  red,  and  the  middle  light 
shall  be  white,  and  they  shall  be  of  such  a  character  as  to 
be  visible  all  around  the  horizon,  at  a  distance  of  at  least 
two  miles.  By  day  she  shall  cr^^ry  in  a  vertical  line,  one 
over  the  other,  not  less  than  six  feet  apart,  where  they  can 
best  be  seen,  three  shapes  not  less  than  two  feet  in  diam- 
eter, of  which  the  highest  and  lowest  shall  be  globular  in 
shape  and  red  in  color,  and  the  middle  one  diamond  in 
shape  and  white. 

(c)  The  vessels  referred  to  in  this  article,  when  not 
making  way  through  the  water,  shall  not  carry  the  side- 
lights, but  when  making  way  shall  carry  them. 

(d)  The  lights  and  shapes  required  to  be  shown  by  this 
article  are  to  be  taken  by  other  vessels  as  signals  that  the 
vessel  showing  them  is  not  under  command  and  can  not 
therefore  get  out  of  the  way. 

These  signals  are  not  signals  of  vessels  in  distress  and 
requiring  assistance.  Such  signals  are  contained  in  ar- 
ticle thirty-one. 

LIGHTS  FOR  SAILING  VESSELS  AND  \^SSELS  IN  TOW. 

Art.  5.  A  sailing  vessel  under  way  and  any  vessel  being 
towed  shall  carry  the  same  lights  as  are  prescribed  by 
article  two  for  a  steam-vessel  under  way,  with  the  excep- 
tion of  the  white  lights  mentioned  therein,  which  they 
shall  never  carry. 

LIGHTS  FOR  SMALL  VESSELS. 

Art.  6.  '\"\Tienever,  as  in  the  case  of  small  vessels  under 
way  during  bad  weather,  the  green  and  red  side-lights 
can  not  be  fixed,  these  lights  shall  be  kejot  at  hand,  lighted 
and  ready  for  use;  and  shall,  on  the  approach  of  or  to 
other  vessels,  be  exhibited  on  their  resj^ective  sides  in  suf- 
ficient time  to  prevent  collision,  in  such  manner  as  to 
make  them  most  visible,  and  so  that  the  green  light  shall 
not  be  seen  on  the  port  side  nor  the  red  light  on  the  star- 
board side,  nor,  if  practicable,  more  than  two  points  abaft 
the  beam  on  their  respective  sides.  To  make  the  use  of 
these  portable  lights  more  certain  and  easy  the  lanterns 
containing  them  shall  each  be  painted  outside  with  the 
color  of  the  light  they  respectively  contain,  and  shall  be 
provided  with  proper  screens. 

LIGHTS     FOR     SMALL    STEAM    AND    SAIL    VESSELS    AND    OPEN 

BOATS. 

May  28, 1894.  Art.  7.  Steam-vessels  of  less  than  forty,  and  vessels 
under  oars  or  sails  of  less  than  twenty  tons  gross  tonnage, 
respectively,  and  rowing  boats,  when  under  way,  shall 
not  be  required  to  carry  the  lights  mentioned  in  article 


PART   XXXIV. RULES   TO   PREVENT    COLLISIONS.  335 

two  (a),  (b),  and  (c),  but  if  they  do  not  carry  them  they  ^\;tf »»"«"»! 
shall  be  provided  with  the  following  lights: 

First.  Steam-vessels  of  less  than  forty  tons  shall  carry — 

(a)  In  the  fore  part  of  the  vessel  or  on  or  in  front  of 
the  funnel,  where  it  can  best  be  seen,  and  at  a  height 
above  the  gunwale  of  not  less  than  nine  feet,  a  bright 
white  light  constructed  and  fixed  as  prescribed  in  article 
two  (a),  and  of  such  a  character  as  to  be  visible  at  a  dis- 
tance of  at  least  two  miles. 

(b)  Green  and  red  side-lights  constructed  and  fixed  as 
prescribed  in  article  two  (b)  and  (c),  and  of  such  a 
character  as  to  be  visible  at  a  distance  of  at  least  one  mile, 
or  a  combined  lantern  showing  a  green  light  and  a  red 
light  from  right  ahead  to  two  points  abaft  the  beam  on 
their  respective  sides.  Such  lanterns  shall  be  carried  not 
less  than  three  feet  below  the  white  light. 

Second.  Small  steamboats,  such  as  are  carried  by  sea- 
going vessels,  may  carry  the  white  light  at  a  less  height 
than  nine  feet  above  the  gunwale,  but  it  shall  be  carried 
above  the  combined  lantern  mentioned  in  subdivision 
one   (b). 

Third.  Vessels  under  oars  or  sails  of  less  than  twenty 
tons  shall  have  ready  at  hand  a  lantern  with  a  green  glass 
on  one  side  and  a  red  glass  on  the  other,  which,  on  the 
approach  of  or  to  other  vessels,  shall  be  exhibited  in  suffi- 
cient time  to  prevent  collision,  so  that  the  green  light  shall 
not  be  seen  on  the  port  side  nor  the  red  light  on  the  star- 
board side. 

Fourth.  Rowing  boats,  whether  under  oars  or  sail,  shall 
have  ready  at  hand  a  lantern  showing  a  white  light  which 
shall  be  temporarily  exhibited  in  sufficient  time  to  prevent 
collision. 

The  vessels  referred  to  in  this  article  shall  not  be  obliged 
to  carry  the  lights  prescribed  by  article  four  (a)  and 
article  eleven,  last  paragraph. 

LIGHTS  FOR  PILOT  VESSELS. 

Art.  8.  Pilot-vessels  when  engaged  on  their  station  on  Aug.  19, 1890. 
pilotage  duty  shall  not  show  the  lights  required  for  other 
vessels,  but  shall  carry  a  white  light  at  the  masthead,  visi- 
ble all  around  the  horizon,  and  shall  also  exhibit  a  flare-up 
light  or  flare-up  lights  at  short  intervals,  which  shall 
never  exceed  fifteen  minutes. 

On  the  near  approach  of  or  to  other  vessels  they  shall 
have  their  side-lights  lighted,  ready  for  use,  and  shall 
flash  or  show  them  at  short  intervals,  to  indicate  the  direc- 
tion in  which  they  are  heading,  but  the  green  light  shall 
not  be  shown  on'^the  port  side,  nor  the  red  light  on  the 
starboard  side. 

A  pilot- vessel  of  such  a  class  as  to  be  obliged  to  go 
alongside  of  a  vessel  to  put  a  pilot  on  board  may  show  the 
white  light  instead  of  carrying  it  at  the  masthead,  and 


336  NAVIGATION   LAWS   OF    THE   UNITED   STATES. 

^International  niav,  instead  of  the  colored  lights  above  mentioned,  have 
at  hand,  ready  for  use,  a  lantern  with  green  glass  on  the 
one  side  and  red  glass  on  the  other,  to  be  used  as  pre- 
scribed above. 

Pilot-vessels  when  not  engaged  on  their  station  on  pilot- 
age duty  shall  carry  lights  similar  to  those  of  other  vessels 
of  their  tonnage. 
Feb.  19,  1900.  j^  steam-pilot  vessel,  when  engaged  on  her  station  on 
Sees.  1,  2.  pilotage  duty  and  in  waters  of  the  United  States,  and  not 
at  anchor,  shall,  in  addition  to  the  lights  required  for  all 
pilot  boats,  carry  at  a  distance  of  eight  feet  below  her 
white  masthead  light  a  red  light,  visible  all  around  the 
horizon  and  of  such  a  character  as  to  be  visible  on  a  dark 
night  with  a  clear  atmosphere  at  a  distance  of  at  least  two 
miles,  and  also  the  colored  side  lights  required  to  be  car- 
ried by  vessels  when  under  way. 

When  engaged  on  her  station  on  pilotage  duty  and  in 
waters  of  the"  United  States,  and  at  anchor,  she  shall 
carry  in  addition  to  the  lights  required  for  all  pilot  boats 
the  red  light  above  mentioned,  but  not  the  colored  side 
lights. 

"^AVhen  not  engaged  on  her  station  on  pilotage  duty,  she 
shall  carry  the  same  lights  as  other  steam  vessels. 


Jan.  19, 1907.  ARTICLE  9.  Fishing  vessels  and  fishing  boats,  when  un- 
der way  and  when  not  required  by  this  article  to  carry 
or  show  the  lights  hereinafter  specified,  shall  carry  or 
show  the  lights  prescribed  for  vessels  of  their  tonnage 
under  way. 

(a)  Open  boats,  by  which  is  to  be  understood  boats 
not  protected  from  the  entry  of  sea  water  by  means  of  a 
continuous  deck,  when  engaged  in  any  fishing  at  night, 
with  outlying  tackle  extending  not  more  than  one  hun- 
dred and  fifty  feet  horizontally  from  the  boat  into  the 
seaway,  shall  carry  one  all-round  white  light. 

Open  boats,  when  fishing  at  night,  with  outlying  tackle 
extending  more  than  one  hundred  and  fifty  feet  horizon- 
tally from  the  boat  into  the  seaway,  shall  carry  one  all- 
round  white  light,  and  in  addition,  on  approaching  or 
being  approached  by  other  A^essels,  shall  show  a  second 
white  light  at  least  three  feet  below  the  first  light  and  at 
a  horizontal  distance  of  at  least  five  feet  away  from  it  in 
the  direction  in  which  the  outlying  tackle  is  attached. 

(b)  Vessels  and  boats,  except  open  boats  as  defined  in 
subdivision  (a),  when  fishing  with  drift  nets,  shall,  so 
long  as  the  nets  are  wholly  or  partly  in  the  water,  carry 
two  white  lights  where  they  can  best  be  seen.  Such  lights 
shall  be  placed  so  that  the  vertical  distance  between  them 
shall  be  not  less  than  six  feet  and  not  more  than  fifteen 
feet,  and  so  that  the*  horizontal  distance  between  them, 
measured  in  a  line  Avith  the  keel,  shall  be  not  less  than 


PART   XXXIV. RULES   TO   PREVENT   COLLISIONS.  337 

five  feet  and  not  more  than  ten  feet.    The  lower  of  these    international 
two  lights  shall  be  in  the  direction  of  the  nets,  and  both 
of  them  shall  be  of  such  a  character  as  to  show  all  around 
the  horizon,  and  to  be  visible  at  a  distance  of  not  less  than 
three  miles. 

Within  the  Mediterranean  Sea  and  in  the  seas  border- 
ing the  coasts  of  Japan  and  Korea  sailing  fishing  vessels 
of  less  than  twenty  tons  gross  tonnage  shall  not  be  obliged 
to  carr}^  the  lower  of  these  two  lights.  Should  they,  how- 
ever, not  carry  it,  they  shall  show  in  the  same  position 
(in  the  direction  of  the  net  or  gear)  a  white  liglit,  visible 
at  a  distance  of  not  less  than  one  sea  mile,  on  the  ap- 
proach of  or  to  other  vessels. 

(c)  Vessels  and  boats,  except  open  boats  as  defined  in 
subdivision  (a),  when  line  fishing  with  their  lines  out 
and  attached  to  or  hauling  their  lines,  and  when  not  at 
anchor  or  stationary  within  the  meaning  of  subdivision 
(h),  shall  carry  the  same  lights  as  vessels  fishing  w^ith 
clrift  nets.  When  shooting  lines,  or  fishing  v/ith  towing 
lines,  they  shall  carry  the  lights  prescribed  for  a  steam  or 
sailing  vessel  under  way,  respectively. 

Within  the  Mediterranean  Sea  and  in  the  seas  border- 
ing the  coasts  of  Japan  and  Korea  sailing  fishing  vessels 
of  less  than  twenty  tons  gross  tonnage  shall  not  be  obliged 
to  carry  the  lower  of  these  two  lights.  Should  the}^,  how- 
ever, not  carry  it,  they  shall  show  in  the  same  position 
(in  the  direction  of  the  lines)  a  Avhite  light,  visible  at  a 
distance  of  not  less  than  one  sea  mile  on  the  approach  of 
or  to  other  vessels. 

(d)  Vessels  Avhen  engaged  in  trawling,  by  which  is 
meant  the  dragging  of  an  apparatus  along  the  bottom  of 
the  sea — 

First.  If  steam  vessels,  shall  carry  in  the  same  position 
as  the  white  light  mentioned  in  article  two  (a)  a  tri- 
colored  lantern  so  constructed  and  fixed  as  to  show  a 
white  light  from  right  ahead  to  tAvo  points  on  each  bow, 
and  a  green  light  and  a  red  light  over  an  arc  of  the 
horizonfrom  tvro  points  on  each  bow  to  two  points  abaft 
the  beam  on  the  starboard  and  port  sides,  respectively; 
and  not  less  than  six  nor  more  than  twelve  feet  below  the 
tri-colored  lantern  a  white  light  in  a  lantern,  so  con- 
structed as  to  show  a  clear,  uniform,  and  unbroken  light 
all  around  the  horizon. 

Second.  If  sailing  vessels,  shall  carry  a  white  light  in 
a  lantern,  so  constructed  as  to  show  a  clear,  uniform,  and 
unbroken  light  all  around  the  horizon,  and  shall  also,  on 
the  approach  of  or  to  other  vessels,  show  where  it  can 
best  be  seen  a  white  flare-up  light  or  torch  in  sufficient 
time  to  prevent  collision. 

All  lights  mentioned  in  subdivision  (d)  first  and  second 
shall  be  visible  at  a  distance  of  at  least  two  miles. 

(e)  Oj^ster  dredgers  and  other  vessels  fishing  with 
dredge  nets  shall  carry  and  show  the  same  lights  as 
trawlers. 

96094°— 11 2 


338  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

ruiesr"^*^***"*^  (^)  Fishing  vessels  and  fishing  boats  may  at  any  time 
use  »  flare-up  light  in  addition  to  the  lights  which  they 
are  by  this  article  required  to  carry  and  show,  and  they 
may  also  use  working  lights. 

(g)  Every  fishing  vessel  and  every  fishing  boat  under 
one  hundred  and  fifty  feet  in  length,  when  at  anchor, 
shall  exhibit  a  white  light  visible  ail  around  the  horizon 
at  a  distance  of  at  least  one  mile. 

Every  fishing  vessel  of  one  hundred  and  fifty  feet  in 
length  or  upward,  when  at  anchor,  shall  exhibit  a  white 
light  visible  all  around  the  horizon  at  a  distance  of  at 
least  one  mile,  and  shall  exhibit  a  second  light  as  pro- 
vided for  vessels  of  such  length  by  article  eleven. 

Should  nny  such  vessel,  whether  under  one  hundred  and 
fifty  feet  in  length  or  of  one  hundred  and  fifty  feet  in 
length  or  upward,  be  attached  to  a  net  or  other  fishing- 
gear,  she  shall  on  the  apj^roach  of  other  vessels  shoAv  an 
additional  white  light  at  least  three  feet  below  the  anchor 
light,  and  at  a  horizontal  distance  of  at  least  five  feet 
away  from  it  in  the  direction  of  the  net  or  gear. 

(h)  If  a  vessel  or  boat  when  fishing  becomes  stationary 
in  consequence  of  her  gear  getting  f.ist  to  a  rock  or  other 
obstruction,  she  shall  in  daytime  haul  down  the  day 
signal  required  by  subdivision  (k)  ;  at  night  show  the 
light  or  lights  prescribed  for  a  vessel  at  anchor;  and 
during  fog,  mist,  falling  snow,  or  heavy  rain  storms 
make  the  signal  prescribed  for  a  vessel  at  anchor.  (See 
subdivision  (d)  and  the  last  paragraph  of  article  fifteen.) 

(i)  In  fog,  mist,  falling  snow,  or  heavy  rain  storms 
drift-net  vessels  attached  to  their  nets,  and  vessels  when 
trawling,  dredging,  or  fishing  with  any  kind  of  drag  net, 
and  vessels  line  fishing  with  their  lines  out,  shall,  if  of 
twenty  tons  gToss  tonnage  or  upward,  respectively,  at 
intervals  of  not  more  than  one  minute  make  a  blast;  if 
steam  vessels,  with  the  whistle  or  siren,  and  if  sailing 
vessels,  with  the  foghorn,  each  blast  to  be  followed  by 
ringing  the  bell.  Fishing  vessels  and  boats  of  less  than 
tvrenty  tons  gross  tonnage  shall  not  be  obliged  to  give 
the  above-mentioned  signals;  but  if  they  do  not,  they 
shall  make  some  other  efficient  sound  signal  at  intervals 
of  not  more  than  one  minute. 

(k)  All  vessels, or  boats  fishing  with  nets  or  lines  or 
trawls,  when  under  way,  shall  in  daytime  indicate  their 
occupation  to  an  approaching  A'essel  by  displaying  a 
basket  or  other  efficient  signal  where  it  can  best  be  seen. 
If  vessels  or  boats  at  anchor  have  their  gear  out,  they 
shall,  on  the  apiproach  of  other  vessels,  show  the  same 
signal  on  the  side  on  which  those  vessels  can  pass. 

The  vessels  required  by  this  article  to  carry  or  show 
the  lights  hereinbefore  specified  shall  not  be  obliged  to 
carry  the  lights  prescribed  by  article  four  (a)  and  the 
last  paragraph  of  article  eleven. 


PART   XXXIV. EULES   TO   PREVENT   COLLISIONS,  339 

LIGHTS   FOE  AN   OVERTAKEN   VESSEL.  ra\es!^"''^'''"*^ 

Art.  10.  A  vessel  which  is  being  overtaken  by  another  ^^s- 19,  isoo. 
shall  show  from  her  stern  to  such  last-mentioned  vessel  a 
white  light  or  a  flare-up  light. 

The  white  light  required  to  be  shown  by  this  article 
may  be  fixed  and  carried  in  a  lantern,  but  in  such  case  the 
lantern  shall  be  so  constructed,  fitted,  and  screened  that 
it  shall  throw  an  unbroken  light  over  an  arc  of  the  horizon 
of  cwelve  points  of  the  compass,  namely,  for  six  points 
from  right  aft  on  each  side  of  the  vessel,  so  as  to  be  visi- 
ble at  a  distance  of  at  least  one  mile.  Such  light  shall 
be  carried  as  nearly  as  practicable  on  the  same  level  as  the 
side  lights. 

ANCHOR    LIGHTS. 

Art.  11.  A  vessel  under  one  hundred  and  fifty  feet  in 
length  when  at  anchor  shall  carry  forward,  where  it  can 
best  be  seen,  but  at  a  height  not  exceeding  twenty  feet 
above  the  hull,  a  white  light,  in  a  lantern  so  constructed 
as  to  show  a  clear,  uniform,  and  unbroken  light  visible 
all  around  the  horizon  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fifty  feet  or  upwards  in 
length,  when  at  anchor,  shall  carry  in  the  forward  pf^rt  of 
the  vessel,  at  a  height  of  not  less  than  twenty  and  not 
exceeding  forty  feet" above  the  hull,  one  such  light,  and  at 
or  near  the  stern  of  the  vessel,  and  at  such  a  height  that 
it  shall  be  not  less  than  fifteen  feet  lower  than  the  for- 
Avard  light,  another  such  light. 

The  length  of  a  vessel  shall  be  deemed  to  be  the  length 
appearing  in  her  certificate  of  registry. 

A  vessel  aground  in  or  near  a  fair-way  shall  carry  the 
above  light  or  lights  and  the  two  red  lights  prescribed  by 
article  four  (a). 

SPECIAL    SIGNAL. 

Art.  12.  Every  vessel  may,  if  necessary  in  order  to  at- 
tract attention,  in  addition  *to  the  lights  which  she  is  by 
these  rules  required  to  carry,  show  a  flare-up  light  or  use 
any  detonating  signal  that  can  not  be  mistaken  for  a  dis- 
tress signal. 

NAVAL  LIGHTS  AND   RECOGNITION   SIGNALS. 

Art.  13.  Nothing  in  these  rules  shall  interfere  with  the 
operation  of  any  special  rules  made  by  the  Government 
of  any  nation  with  respect  to  additional  station  and 
signal-lights  for  two  or  more  ships  of  war  or  for  vessels 
saUing  under  convoy,  or  with  the  exhibition  of  recogni- 
tion signals  adopted  by  ship-owners,  which  have  been 
authorized  by  their  respective  Governments  and  duly  reg- 
istered and  published. 


340  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

Interuational  STEAM    VESSEL   UNDER   SAIL   BY   DAY. 

roles. 

Art.  14.  A  steam-vessel  proceeding  under  sail  only  but 
having  her  funnel  up,  shall  carry  in  day-time,  forward, 
where  it  can  best  be  seen,  one  black  ball  or  shape  two  feet 
in  diameter. 

III. — Sound  Signals  in  Fog,  etc. 

PRELIMINARY. 

June  10,  isoG.  Art.  15.  All  signals  prescribed  by  this  article  for  vessels 
under  wa}'  shall  be  given: 

First.  By  ''  steam  A^essels  "  on  the  whistle  or  siren. 

Second.  By  "  sailing  vessels  "  and  "  vessels  towed  "  on 
the  fog  horn. 

The  words  "  prolonged  blast ''  used  in  this  article  shall 
mean  a  blast  of  from  four  to  six  seconds  duration. 

A  steam-vessel  shall  be  provided  with  an  efficient  whistle 
or  siren,  sounded  by  steam  or  by  some  substitute  for 
steam,  so  placed  that  the  sound  may  not  be  intercepted  by 
any  obstruction,  and  with  an  efficient  fog  horn,  to  be 
sounded  by  mechanical  means,  and  also  with  an  efficient 
bell.  (In  all  cases  where  the  rules  require  a  bell  to  be 
used  a  drum  ma}^  be  substituted  on  board  Turkish  vessels, 
or  a  gong  where  such  articles  are  used  on  board  small  sea- 
going vessels.)  A  sailing  vessel  of  twenty  tons  gross  ton- 
nage or  upwards  shall  be  provided  with  a  similar  fog 
horn  and  bell. 

In  fog,  mist,  falling  snow,  or  heavy  rainstorms,  whether 
by  day  or  night,  the  signals  described  in  this  article  shall 
be  used  as  follows,  namely : 

STEAM    VESSEL    UNDER    WAY. 

(a)  A  steam  vessel  having  way  upon  her  shall  sound,  at 
intervals  of  not  more  than  two  minutes,  a  prolonged  blast. 

(b)  A  steam  vessel  under  way,  but  stopped,  and  having 
no  way  upon  her,  shall  sound,  at  intervals  of  not  more 
than  two  minutes,  two  prolonged  blasts,  with  an  interval 
of  about  one  second  between. 

SAIL  VESSEL  UNDER  WAY. 

(c)  A  sailing  vessel  under  way  shall  sound,  at  intervals 
of  not  more  than  one  minute,  when  on  the  starboard  tack, 
one  blast ;  when  on  the  port  tack,  two  blasts  in  succession, 
and  when  with  the  wind  abaft  the  beam,  three  blasts  in 
succession. 

VESSELS   AT  ANCHOR   OR    NOT  UNDER   WAY. 

(d)  A  vessel  when  at  anchor  shall,  at  intervals  of  not 
more  than  one  minute,  ring  the  bell  rapidly  for  about  five 


PART   XXXIV. RULES   TO   PREVENT   COLLISIONS.  341 

VESSELS  TOAVING  OR  TOWED.  rules!'"**'*"** 

(e)  A  vessel  when  towing,  a  vessel  employed  in  laying 
or  in  picking  up  a  telegraph  cable,  and  a  vessel  under  way, 
which  is  unable  to  get  out  of  the  way  of  an  approaching 
vessel  through  being  not  under  command,  or  unable  to 
maneuver  as  required  by  the  rules,  shall,  instead  of  the 
signals  prescribed  in  subdivisions  (a)  and  (c)  of  this 
article,  at  intervals  of  not  more  than  two  minutes,  sound 
three  blasts  in  succession,  namely:  One  prolonged  blast 
followed  by  two  short  blasts.  A  vessel  towed  may  give 
this  signal  and  she  shall  not  give  any  other. 

SMALL    SAILING   VESSELS    AND   BOATS. 

Sailing  vessels  and  boats  of  less  than  twenty  tons  gross 
tonnage  shall  not  be  obliged  to  give  the  above-mentioned 
signals,  but,  if  they  do  not,  they  shall  make  some  other 
efficient  sorjiid  signal  at  intervals  of  not  more  than  one 
minute. 

SPEED  IN  FOG. 

Art.  16.  Every  vessel  shall,  in  a  fog,  mist,  falling  snow,   Aug.  19,  ism, 
or  heavy  rain-storms,  go  at  a  moderate  speed,  having  care- 
ful regard  for  the  existing  circumstances  and  conditions. 

A  steam  vessel  hearing,  apparently  forward  of  her 
beam,  the  fog-signal  of  a  vessel  the  position  of  which  is 
not  ascertained  shall,  so  far  as  the  circumstances  of  the 
case  admit,  stop  her  engines,  and  then  navigate  with 
caution  until  danger  of  collision  is  over. 

IV. — Steering  and  Sailing  Rules. 

PRELIMINARY. 

Eisk  of  collision  can,  when  circumstances  permit,  be 
ascertained  by  carefully  watching  the  compass  bearing 
of  an  approaching  vessel.  If  the  bearing  does  not  appre- 
ciably change,  such  risk  should  be  deemed  to  exist. 

SAILING    VESSELS. 

Art.  17.  When  tvro  sailing  vessels  are  approaching  one 
another,  so  as  to  involve  risk  of  collision,  one  of  them 
shall  keep  out 'of  the  way  of  the  other,  as  follows,  namely  : 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack 
shall  keep  out  of  the  way  of  a  vessel  which  is  close-hauled 
on  the  starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  dif- 
ferent sides,  the  vessel  which  has  the  wind  on  the  port 
side  shall  keep  out  of  the  way  of  tlie  other. 


342  NAVIGATIOI^    LAWS    OF   THE   UNITED    STATES. 

ruiesr*^^*'**"*^  (cl)  When  both  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  the  windward  shall  keep 
out  of  the  way  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of 
the  Avay  of  the  other  vessel. 

STEAM   VESSELS. 

Art.  18.  "Wlien  two  steam-vessels  are  meeting  end  on, 
or  nearly  end  on,  so  as  to  involve  risk  of  collision,  each 
shall  alter  her  course  to  starboard,  so  that  each  may  pass 
on  the  port  side  of  the  other. 

This  article  only  applies  to  cases  Avhere  vessels  are  meet- 
ing end  on,  or  nearly  end  on,  in  such  a  manner  as  to  in- 
volve risk  of  collision,  and  does  not  apply  to  two  vessels 
which  must,  if  both  keep  on  their  respective  courses,  pass 
clear  of  each  other. 

The  only  cases  to  which  it  does  apply  are  when  each  of 
the  two  vessels  is  end  on,  or  nearly  end  on,  to  the  other ; 
in  other  Avords,  to  cases  in  Avhich,  by  day,  each  vessel  sees 
the  masts  of  the  other  in  a  line,  or  nearly  in  a  line,  with 
her  own;  and  by  night,  to  cases  in  which  each  vessel  is  in 
such  a  position  as  to  see  both  the  side-lights  of  the  other. 

It  does  not  apply  b}^  day  to  cases  in  which  a  vessel  sees 
another  ahead  crossing  her  own  course;  or  by  night,  to 
cases  where  the  red  light  of  one  vessel  is  opposed  to  the 
red  light  of  the  other,  or  where  tlie  green  light  of  one 
vessel  is  opposed  to  the  green  light  of  the  other,  or  where 
a  red  light  without  a  green  light,  or  a  green  light  without 
a  red  light,  is  seen  ahead,  or  where  both  green  and  red 
lights  are  seen  anywhere  but  ahead. 

TAVO  STEAM-VESSELS  CROSSING. 

Art.  19.  'WTien  two  steam-vessels  are  crossing,  so  as  to 
involve  risk  of  collision,  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

STEAM-VESSEL    SHALL.    KEEP    OUT    OF    TIIE    V/AY   OF    SAILING- 
VESSEL. 

Art.  20.  "\^^ien  a  steam-vessel  and  a  sailing-vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  colli- 
sion, the  steam-vessel  shall  keep  out  of  the  way  of  the 
sailing-vessel. 

COURSE  AND  SPEED. 

May  28, 1894.  Art.  21.  Where,  by  any  of  these  rules,  one  of  two  ves- 
sels is  to  keep  out  of  the  way  the  other  shall  keep  her 
course  and  speed. 

Note. — When,  in  consequence  of  ihick  weather  or  other 
causes,  such  vessel  finds  herself  so  close  that  collision  can 
not  be  avoided  by  the  action  of  the  giving-way  vessel 


PART   XXXIV. RULES   TO   PREVENT   COLLISIONS.  343 

alone,  she  also  shall  take  such  action  as  will  best  aid  to^^^^^^^*^"'^****"*' 
avert  collision.     (See  articles  twenty-seven  and  twenty- 
nine.) 

CROSSING  AHEAD. 

Art.  22.  Every  vessel  which  is  directed  by  these  rules  Aug.  19, 1890. 
to  keep  out  of  the  way  of  another  vessel  shall,  if  the  cir- 
cumstances of  the  case  admit,  avoid  crossing  ahead  of  the 
other. 

STEAM-\^SSELS  SHALL  SLACKEN  SPEED  OR  STOP. 

Art.  23.  Every  steam-vessel  which  is  directed  by  these 
rules  to  keep  out  of  the  way  of  another  vessel  shall,  on 
approaching  her,  if  necessary,  slacken  her  speed  or  stop 
or  reverse. 

OVERTAKING  VESSELS. 

Art.  24.  Notwithstanding  anything  contained  in  these 
rules  every  vessel,  overtaking  any  other,  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

Every  vessel  coming  up  with  another  vessel  from  any 
direction  more  than  two  points  abaft  her  beam,  that  is,  in 
such  a  position,  with  reference  to  the  vessel  which  she  is 
overtaking  that  at  night  she  would  be  unable  to  see  either 
of  that  vessel's  side-lights,  shall  be  deemed  to  be  an  over- 
taking vessel;  and  no  subsequent  alteration  of  the  bearing 
between  the  two  vessels  shall  make  the  overtaking  vessel 
a  crossing  vessel  within  the  meaning  of  these  rules,  or 
relieve  her  of  the  duty  of  keeping  clear  of  the  overtaken 
vessel  until  she  is  finally  past  and  clear. 

As  by  day  the  overtaking  vessel  can  not  always  know 
with  certainty  whether  she  is  forward  or  abaft  this  direc- 
tion  from  the  other  vessel  she  should,  if  in  doubt,  assume 
that  she  is  an  overtaking  vessel  and  keep  out  of  the  way. 

NARROW  CHANNELS. 

Art.  25.  In  narrow  channels  every  steam-vessel  shall, 
when  it  is  safe  and  practicable,  keep  to  that  side  of  the 
fair-way  or  mid-channel  which  lies  on  the  starboard  side 
of  such  vessel. 

RIGHT  OF  W^AY  OF  FISHING  VESSELS. 

Art.  26.  Sailing  vessels  under  way  shall  keep  out  of  the 
way  of  sailing  vessels  or  boats  fishing  with  nets,  or  lines, 
or  trawls.  This  rule  shall  not  give  to  any  vessel  or  boat 
engaged  in  fishing  the  right  of  obstructing  a  fair-way 
used  by  vessels  other  thanTashing  vessels  or  boats. 

GENERAL  PRUDENTIAL  RULE. 

Art.  27.  In  obeying  and  construing  these  rules  due 
regard  shall  be  had  to  all  dangers  of  navigation  and  col- 


344  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

j^^°J*''"**'®"*Mision,  and  to  any  special  circumstances  which  may  render 
a  departure  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 

SOUND    SIGNALS   FOR   PASSING    STEA:MERS. 

Art.  28.  The  words  "  short  blast "  used  in  this  article 
shall  mean  a  blast  of  about  one  second's  duration. 

When  vessels  are  in  sight  of  one  another,  a  steam-vessel 
under  way,  in  taking  any  course  authorized  or  required 
by  these  rules,  shall  indicate  that  course  by  the  following 
signals  on  her  whistle  or  siren,  namely: 

One  short  blast  to  mean,  "  I  am  directing  my  course  to 
starboard." 

Two  short  blasts  to  mean.  "  I  am  directing  my  course  to 
port."' 

Three  short  blasts  to  mean,  "  My  engines  are  going  at 
full  speed  astern." 

PRECAUTION. 

Art.  29.  Nothing  in  these  rules  shall  exonerate  any  ves- 
sel or  the  owner  or  master  or  crew  thereof,  from  the  con- 
sequences of  any  neglect  to  carry  lights  or  signals,  or  of 
any  neglect  to  keep  a  proper  lookout,  or  of  the  neglect  of 
any  precaution  which  may  be  required  by  the  ordinary 
practice  of  seamen,  or  by  the  special  circumstances  of  the 
case. 

Art.  30.  Nothing  in  these  rules  shall  interfere  with  the 
operation  of  a  special  rule,  duly  made  by  local  authority, 
relative  to  the  navigation  of  any  harbor,  river,  or  inland 
waters. 

DISTRESS    SIGNALS. 

May  28, 1894.  Art.  31.  When  a  vessel  is  in  distress  and  requires  assist- 
ance from  other  vessels  or  from  the  shore  the  following 
shall  be  the  signals  to  be  used  or  displayed  b}-  her,  either 
together  or  separately,  namely: 

In  the  daytime — 

First.  A  gun  or  other  explosive  signal  fired  at  intervals 
of  about  a  minute. 

Second.  The  international  code  signal  of  distress  indi- 
cated by  N  C. 

Third.  The  distance  signal,  consisting  of  a  squrne  flag, 
having  either  above  or  below  it  a  ball  or  anything  resem- 
bling a  bail. 

Fourth.  A  continuous  sounding  with  any  fog-signal 
apparatus. 

At  night — 

First.  A  gun  or  other  explosive  signal  fired  at  intervals 
of  about  a  minute. 

Second.  Flames  on  the  vessel  (as  from  a  burning  tar 
barrel,  oil  barrel,  and  so  forth). 


PART   XXXIV. RULES    TO   PREVENT   COl/LTSTONS.  345 

Third.  Rockets  or  shells  throwing  stars  of  any  color  or  ^^J^*™* •*»"** 
description,  fired  one  at  a  time,  at  short  intervals. 

Fourth.  A  continuous  sounding  with  any  fog-signal 
apparatus. 
333.   Consideration  of  future  rules. 

The  Secretary  of  State  is  hereby  authorized  to  recon-^  Feb.  5, 1896. 
vene  the  delegates  of  the  United  States  to  the  Washington' 
International  Marine  Conference  of  eighteen  hundred  and 
eighty-nine,  whenever  in  his  judgment  it  is  expedient,  for 
the  further  consideration  of  rules  to  prevent  collisions  at 
sea  and  in  the  waters  of  the  United  States. 
364.   Inland  rules  of  1897. 

The  following  regulations  for  preventing  collision  shall  June  7, 1897. 
be  followed  by  all  vessels  navigating  all  harbors,  rivers, 
and  inland  waters  of  the  United  States,  except  the  Great 
Lakes  and  their  connecting  and  tributary  waters  as  far 
east  as  Montreal  and  the  Red  River  of  the  North  and 
rivers  emptying  into  the  Gulf  of  Mexico  and  their  tribu- 
taries, and  are  hereby  declared  special  rules  duly  made  by 
local  authority. 

Every  pilot,  engineer,  mate,  or  master  of  any  steam-  ''^^c-  3. 
vessel,  and  every  master  or  mate  of  any  barge  or_  canal- 
boat,  who  neglects  or  refuses  to  observe  the  provisions  of 
this  Act,  or  "the  regulations  established  in  pursuance  of 
the  preceding  section  [see  section  2,  page  347],  shall  bo 
liable  to  a  penalty  of  fifty  dollars,  and  for  all  damages 
sustained  by  any  passenger  in  his  person  or  baggage  by 
such  neglect  or  refusal:  Provided^  That  nothing  herein 
sliall  relieve  any  vessel,  owner  or  corporation  from  any 
liability  incurred  by  reason  of  such  neglect  or  refusal. 

Every  vessel  that  shall  be  navigated  without  complying  sec.  4. 
with  the  provisions  of  this  Act  shall  be  liable  to  a  penalty 
of  two  hundred  dollars,  one-half  to  go  to  the  informer,  for 
which  sum  the  vessel  so  navigated  shall  be  liable  and  may 
be  seized  and  proceeded  against  by  action  in  any  district 
court  of  the  United  States  having  jurisdiction  of  the 
offense. 

PRELIMINARY  DEFINITIONS. 

In  the  following  rules  every  steam  vessel  which  is  under  J^^e  7,  i897. 
sail  and  not  under  steam  is  to  be  considered  a  sailing-ves- 
sel, and  every  vessel  under  steam,  whether  under  sail  or 
not,  is  to  be  considered  a  steam  vessel. 

The  word  "  steam-vessel  "  shall  include  any  vessel  pro- 
pelled by  machinery. 

A  vessel  is  "  under  way,"  within  the  meaning  of  these 
rules,  when  she  is  not  at  anchor,  or  made  fast  to  the  shore, 
or  aground. 

11. — Lights  and  so  forth. 

The  word  "visible"  in  these  rules,  when  applied  to 
lights,  shall  mean  visible  on  a  dark  night  with  a  clear 
atmosphere. 


346'  NAVIGATION    LAWS    GF    THE    UNITED    STATES. 


Inland  rules. 


Article  1.  The  rules  concerning  lights  shall  be  com- 
plied with  in  all  weathers  from  sunset  to  sunrise,  and 
during  such  time  no  other  lights  which  may  be  mistaken 
for  the  prescribed  lights  shall  be  exhibited. 

STEAM    AESSELS MASTHEAD    LIGHT. 

Art.  2.  A  steam-vessel  when  under  way  shall  carry — - 
(a)  On  or  in  front  of  the  foremast,  or,  if  a  vessel  without 
a  foremast,  then  in  the  forepart  of  the  vessel,  a  bright 
white  light  so  constructed  as  to  show  an  unbroken  light 
over  an  arc  of  the  horizon  of  twenty  points  of  the  compass, 
so  fixed  as  to  throw  the  light  ten  points  on  each  side  of 
the  vessel,  namely,  from  right  ahead  to  two  points  abaft 
the  beam  on  either  side,  and  of  such  a  character  as  to  be 
visible  at  a  distance  of  at  least  five  miles. 

STEA:M    VESSELS SIDE    LIGHTS. 

(b)  On  the  starboard  side  a  green  liglit  so  constructed 
as  to  shoAv  an  unbroken  light  over  an  arc  of  the  horizon 
of  ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the 
starboard  side,  and  of  such  a  character  as  to  be  visible  at 
a  distance  of  at  least  two  miles. 

(c)  On  the  port  side  a  red  light  so  constructed  as  to 
show  an  unbroken  light  over 'an  arc  of  the  horizon  of  ten 
points  of  the  compass,  so  fixed  as  to  throw  the  light  from 
right  ahead  to  two  points  abaft  the  beam  on  the  port  side, 
and  of  such  a  character  as  to  be  visible  at  a  distance  of  at 
least  two  miles. 

(d)  The  said  green  and  red  side-lights  shall  be  fitted 
with  inboard  screens  projecting  at  least  three  feet  for- 
ward from  the  light,  so  as  to  prevent  these  lights  from 
being  seen  across  the  bow. 

STEAM    VESSELS RANGE    LIGHTS. 

(e)  A  sea-going  steam-vessel  when  under  way  may 
carry  an  additional  white  light  similar  in  construction  to 
the  light  mentioned  in  subdivision  (a).  These  tvro  lights 
shall  be  so  placed  in  line  with  the  keel  that  one  shall  be 
at  least  fifteen  feet  higher  than  the  ether,  and  in  such  a 
position  with  reference  to  each  other  that  the  lower  light 
shall  be  forward  of  the  upper  one.  The  vertical  distance 
between  these  lights  shall  be  less  than  the  horizontal  dis- 
tance. 

(f)  All  steam-vessels  (except  sea  going  vessels  and 
ferryboats),  shall  carry  in  addition  to  green  and  red 
lights  required  by  article  two  (b),  (c),  and  screens  as 
required  by  article  two  (d),  a  central  range  of  two  white 
lights;  the  after-light  being  carried  at  an  elevation  at 
least  fifteen  feet  above  the  light  at  the  head  of  the  vessel. 
The  head-light  shall  be  so  constructed  as  to  show  an  un- 


PART   XXXIV. RULES    TO   PREVENT   COLLISIONS.  347 

broken   light    through    twenty    points   of   the    compass,   i"!^"'!  •'"^es. 
namely,  from  right  ahead  to  tAvo  points  abaft  the  beam  on 
either  side  of  the  vessel,  and  the  after-light  so  as  to  show 
all  around  the  horizon. 

STEAM-VESSELS  WHEN  TOW  ING. 

Art.  3.  A  steam-vessel  when  towing  another  vessel 
shall,  in  addition  to  her  side-lights,  carry  two  bright  white 
lights  in  a  vertical  line  one  over  the  other,  not  less  than 
three  feet  apart,  and  when  towing  more  than  one  vessel 
shall  carry  an  additional  bright  white  light  three  feet 
above  or  below  such  lights,  if  the  length  of  the  tow  meas- 
suring  from  the  stern  of  the  towing  vessel  to  the  stern  of 
the  last  vessel  towed  exceeds  six  hundred  feet.  Each  of 
these  lights  shall  be  of  the  same  construction  and  char- 
acter, and  shall  be  carried  in  the  same  position  as  the 
white  light  mentioned  in  article  two  (a)  or  the  after 
range  light  mentioned  in  article  two  (f). 

Such  steam  vessels  may  carry  a  small  white  light  abaft 
the  funnel  or  aftermast  for  the  vessel  towed  to  steer  by, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 

LIGHTS   FOR  SAILING  VESSELS   AND   VESSELS   IN   TOW. 

Art.  5.  A  sailing-vessel  under  way  or  being  towed  shall 
carry  the  same  lights  as  are  prescribed  by  article  tw^o  for 
a  steam- vessel  under  way,  with  the  exception  of  the  white 
lights  mentioned  therein,  which  they  shall  never  carry. 

LIGHTS   FOR    FERRY-BOATS,    BARGES,    AND    CANAL-BOATS 
IN  TOW. 

The   supervising  inspectors  of  steam-vessels   and   the   Sec.  2, 
Supervising  Inspector-General  shall  establish  such  rules 
to  be  observed  by  steam  vessels  in  j^assing  each  other 
and  as  to  the  lights  to  be  carried  by  ferry-boats  and  by 
barges  and  canal-boats  when  in  tow  of  steam-vessels,  not 
inconsistent  with  the  provisions  of  this  Act,  as  they  from 
time  to  time  may  deem  necessary  for  safety,  vrhich  rules  Feb.  14,  1903. 
when  approved  by  the  Secretary  of  Commerce  and  Labor,   ^^^-  ^^' 
are  hereb}^  declared  special  rules  duly  made  by  local  au- 
thority, as  provided  for  in  article  thirty  of  chapter  eight 
hundred  and  two  of  the  laws  of  eighteen  hundred  and 
ninety.     Two  jorinted  copies  of  such  rules  shall  be  fur- 
nished to  such  ferry-boats  and  steam-vessels,  vrhich  rules 
shall  be  kept  posted  up  in  conspicuous  places  in  such 
vessels. 

LIGHTS  FOR  SMALL  VESSELS. 

Art.  6.  Whenever,  as  in  the  case  of  vessels  of  less  than  June  7, 1897. 
ten  gross  tons  under  way  during  bad  weather,  the  green 
and  red  side-lights  can  not  be  fixed,  these  lights  shall  be 
kept  at  hand,  lighted  and  ready  for  use ;  and  shall,  on  the 


hi 


348  NAVIGATION   LAWS    OF    THE   UNITED   STATES. 

Inland  rules,    approach  of  OF  to  other  vessels,  be  exhibited  on  their 
respective  sides  in  sufficient  time  to  prevent  collision,  in 
such  manner  as  to  make  them  most  visible,  and  so  that  the 
^reen  light  shall  not  be  seen  on  the  port  side  nor  the  rea 
ight  on  the  starboard  side,  nor,  if  practicable,  more  than 
two  points  abaft  the  beam  on  their  respective  sides.    To 
.  make  the  use  of  these  portable  lights  more  certain  and 

^  easy  the  lanterns  containing  them  shall  each  be  painted 

^  outside  with  the  color  of  the  light  they  respectively  con- 

tain, and  shall  be  provided  with  proper  screens. 

Art.  T.  Rowing  boats,  whether  under  oars  or  sail,  shall 
have  ready  at  hand  a  lantern  showing  a  white  light  which 
shall  be  temporarily  exhibited  in  sufficient  time  to  prevent 
collision. 

LIGHTS  FOR  PILOT  VESSELS. 

Art.  8.  Pilot-vessels  when  engaged  on  their  stations  on 
pilotage  dut}^  shall  not  show  the  lights  required  for  other 
vessels,  but  shall  carry  a  white  light  at  the  masthead, 
visible  all  around  the  horizon,  and  shall  also  exhibit  a 
flare-up  light  or  flare-up  lights  at  short  intervals,  which 
shall  never  exceed  fifteen  minutes. 

On  the  near  approach  of  or  to  other  vessels  they  shall 
have  their  side-lights  lighted,  ready  for  use,  and  shall 
flash  or  show  them  at  short  intervals,  to  indicate  the  direc- 
tion in  which  they  are  heading,  but  the  green  light  shall 
not  be  shown  on  the  port  side  nor  the  red  light  on  the 
starboard  side. 

A  pilot- vessel  of  such  a  class  as  to  be  obliged  to  go 
alongside  of  a  vessel  to  put  a  pilot  on  board  may  show  the 
white  light  instead  of  carrying  it  at  the  masthead,  and 
may,  instead  of  the  colored  lights  above  mentioned,  have 
at  hand,  ready  for  use,  a  lantern  with  a  green  glass  on 
the  one  side  and  a  red  glass  on  the  other,  to  be  used  as 
prescribed  above. 

Pilot-vessels,  when  not  engaged  on  their  station  on 
pilotage  duty,  shall  carry  lights  similar  to  those  of  other 
vessels  of  their  tonnage. 
Feb.  19, 1900.  A  steaiii  pilot  vessel,  when  engaged  on  her  station  on 
Sees.  1, 2.  pilotage  duty  and  in  waters  of  the  United  States,  and  not 
at  anchor,  shall,  in  addition  to  the  lights  required  for  all 
pilot  boats,  carry  at  a  distance  of  eight  feet  below  her 
white  masthead  light  a  red  light,  visible  all  around  the 
horizon  and  of  such  a  character  as  to  be  visible  on  a  dark 
night  with  a  clear  atmosj^here  at  a  distance  of  at  least 
two  miles,  and  also  the  colored  side  lights  required  to  be 
carried  by  vessels  when  under  way. 

V/hen  engaged  on  her  station  on  pilotage  duty  and  in 
watersof  the  United  States,  and  at  anchor,  she  shall  carry 
in  addition  to  the  lights  required  for  all  pilot  boats  the 
red  light  above  mentioned,  but  not  the  colored  side  liglits. 

When  not  engaged  on  her  station  on  pilotage  dutv^  she 
shall  carry  the  same  lights  as  other  steam  vessels. 


PART   XXXIV. EULES   TO   PREVENT    COLLIblOxMS.  349 

LIGHTS,    ETC.,    OF    FISHING    VESSELS.  Inland  rules. 

Art.  9.  (a)  Fishing- vessels  of  less  than  ten  gross  tons,  June?,  i897. 
when  under  way  and  when  not  having  their  nets,  trawls, 
dredges,  or  lines  in  the  water,  shall  not  be  obliged  to  carry 
the  colored  side-lights;  but  every  such  vessel  shall,  in  lieu 
thereof,  have  ready  at  hand  a  lantern  with  a  green  glass 
on  one  side  and  a  red  glass  on  the  other  side,  and  on  ap- 
proaching to  or  being  approached  b}^  another  vessel  such 
lantern  shall  be  exhibited  in  sufficient  time  to  prevent  col- 
lision, so  that  the  green  light  shall  not  be  seen  on  the  port 
side  nor  the  red  light  on  the  starboard  side. 

(b)  All  fishing- vessels  and  fishing-boats  of  ten  gross 
tons  and  upward,  when  under  wa}^  and  when  not  having 
their  nets,  trawls,  dredges,  or  lines  in  the  vrater,  shall 
carry  and  show  the  same  lights  as  other  vessels  under  way. 

(c)  All  vessels,  when  trawling,  dredging,  or  fishing 
with  any  kind  of  drag-nets  or  lines,  shall  exhibit,  from 
some  part  of  the  vessel  where  they  can  be  best  seen,  two 
lights.  One  of  these  lights  shall  be  red  and  the  other 
shall  be  white.  The  red  lights  shall  be  above  the  Vvdiite 
light,  and  shall  be  at  a  vertical  distance  from  it  of  not  less 
than  six  feet  and  not  more  than  twelve  feet ;  and  the  hori- 
zontal distance  between  them,  if  i\n}\  shall  not  be  mere 
than  ten  feet.  These  two  lights  shall  be  of  such  a  charac- 
ter and  contained  in  lanterns  of  such  construction  as  to  be 
visible  round  the  horizon,  the  white  light  a  distance  of 
not  less  than  three  miles  and  the  red  light  of  not  less  than 
two  miles. 

LIGEITS    FOR    RAFTS,     OR    OTHER    CRAFT,     NOT    PROVIDED    FOR. 

(d)  Rafts,  or  other  water  craft  not  herein  provided  for, 
navigating  by  hand  power,  horse  power,  or  by  the  cur- 
rent of  the  river,  shall  carry  one  or  more  good  white 
lights,  which  shall  be  placed  in  such  manner  as  shall  be 
prescribed  by  the  Board  of  Supervising  Inspectors  of 
Steam  Vessels. 

LIGHTS  FOR  AN  OVERTAKEN  VESSEL. 

Art.  10.  A  vessel  which  is  being  overtaken  by  another, 
except  a  steam- vessel  with  an  after  range-light  showing 
all  around  the  horizon,  shall  throw  from  her  stern  to  such 
last-mentioned  vessel  a  white  light  or  a  flare-up  light. 

ANCHOR  LIGHTS. 

Art.  11.  A  vessel  under  one  hundred  and  fifty  feet  in 
length,  when  at  anchor,  shall  carry  forward,  where  it  can 
best  be  seen,  but  at  a  height  not  exceeding  twenty  feet 
above  the  hull,  a  white  light  in  a  lantern  so  constructed  as 
to  show  a  clear,  uniform,  and  unbroken  light  visible  all 
around  the  horizon  at  a  distance  of  at  least  one  mile. 


350  NAVIGATION   LAWS    OF   THE    UNITED    STATES. 

Inland  rules.  X  vessel  of  One  hundred  and  fifty  feet  or  upwards  in 
length  when  at  anchor  shall  carr}-  in  the  forward  part  of 
the  Aessel,  at  a  height  of  not  less  than  twenty  and  not 
exceeding  forty  feet  above  the  hull,  one  such  light,  and  at 
or  near  the  stern  of  the  vessel,  and  at  such  a  height  that 
it  shall  be  not  less  than  fifteen  feet  lower  than  the  forv\'ard 
light,  another  such  light. 

The  length  of  a  vessel  shall  be  deemed  to  be  the  length 
appearing  in  her  certificate  of  registry. 

SPECIAL    SIGNALS. 

Akt.  12.  Every  vessel  may,  if  necessary,  in  order  to 
attract  attention,  in  addition  to  the  lights  which  she  is  by 
these  rules  required  to  carry,  show  a  flare-up  light  or 
use  any  detonating  signal  that  cannot  be  mistaken  for  a 
distress  signal. 

NAVAL  LIGHTS  AND  RECOGNITION   SIGNALS. 

Art.  13.  Nothing  in  these  rules  shall  interfere  with  the 
operation  of  any  special  rules  made  by  the  Government  of 
any  nation  with  respect  to  additional  station  and  signal 
lights  for  two  or  more  ships  of  war  or  for  vessels  sailing 
under  convoy,  or  with  the  exhibition  of  recognition  sig- 
nals adopted  by  shipowners,  which  have  been  authorized 
by  their  respective  GoA^ernments,  and  duly  registered  and 
published. 

S'l-EA^I  VESSEL  UNDER  SAIL  BY  DAY. 

Art.  14.  A  steam-vessel  proceeding  under  sail  only,  but 
having  her  funnel  up,  may  carry  in  daytime,  forward, 
where  it  can  best  be  seen,  one  black  ball  or  shape  two  feet 
in  diameter. 

III. — Sound  Signals  in  Fog,  etc. 

PRELIMINARY. 

Art.  15.  All  signals  prescribed  by  this  article  for  ves- 
sels under  way  shall  be  given : 

1.  By  "  steam- vessels  "  on  the  whistle  or  siren. 

2.  By  "  sailing-vessels  "  and  "  vessels  towed  "  on  the 
fog  horn. 

The  words  "  prolonged  blast "  used  in  this  article  shall 
mean  a  blast  of  from  four  to  six  seconds  duration. 

A  steam-vessel  shall  be  provided  with  an  efficient  whis- 
tle or  siren,  sounded  by  steam  or  by  some  substitute  for 
steam,  so  placed  that  the  sound  may  not  be  intercepted 
by  any  obstruction,  and  with  an  efficient  fog  horn;  also 
with  an  efficient  bell.  A  sailing-vessel  of  twenty  tons 
gross  tonnage  or  upward  shall  be  provided  with  a  similar 
to^  horn  and  bell. 


PART   XXXIV. EULES   TO   PREVENT   COLLISIONS.  351 

In  fog,  mist,  falling  snow,  or  heavy  rainstorms,  whether  ^"^•^"'^  '*°^^^' 
by  day  or  night,  the  signals  described  in  this  article  shall 
be  used  as  follows,  namely : 

STEAM    VESSEL   UNDER    WAY. 

(a)  A  steam- vessel  under  vfay  should  sound,  at  inter- 
vals of  not  more  than  one  minute,  a  prolonged  blast. 

SAIL  VESSEL  UNDER  WAY. 

(c)  A  sailing  vessel  under  way  shall  sound,  at  inter- 
vals of  not  more  than  one  minute,  when  on  the  starboard 
tack,  one  blast ;  when  on  the  port  tack,  two  blasts  in  suc- 
cession, and  when  with  the  wind  abaft  the  beam,  three 
blasts  in  succession. 

VESSELS   AT   ANCHOR  OR   NOT  UNDER   WAY. 

(d)  A  vessel  when  at  anchor  shall,  at  intervals,  of  not 
more  than  one  minute,  ring  the  bell  rapidly  for  about  five 
seconds. 

^^SSELS   IXDWING   OR   TOWED. 

(e)  A  steam-vessel  when  toAving,  shall,  instead  of  the 
signals  prescribed  in  subdivision  (a)  of  this  article,  at 
intervals  of  not  more  than  one  minute,  sound  three  blasts 
in  succession,  namely,  one  prolonged  blast  followed  by 
two  short  blasts.  A  vessel  towed  may  give  this  signal 
and  she  shall  not  give  any  other. 

RAFTS,  OR  OTHER  CRAFT  NOT  PROVIDED  FOR. 

(f)  All  rafts  or  other  water  craft,  not  herein  provided 
for,  navigating  by  hand  power,  horse  power,  or  by  the 
current  of  the  river,  shall  sound  a  blast  of  the  fog-horn, 
or  equivalent  signal,  at  intervals  of  not  more  than  one 
minute. 

SPEED   IN    FOG. 

Art.  16.  Every  vessel  shall,  in  a  fog,  mist,  falling 
snow,  or  heavy  rainstorms,  go  at  a  moderate  speed,  hav- 
ing careful  regard  to  the  existing  circumstances  and 
conditions. 

A  steam-vessel  hearing,  apparently  forward  of  her 
beam,  the  fog-signal  of  a  vessel  the  position  of  which  is 
not  ascertained  shall,  so  far  as  the  circumstances  of  the 
case  admit,  stop  her  engines,  and  then  navigate  with  cau- 
tion until  danger  of  collision  is  over. 


352  NAVIGATION   LAWS    OF   THE   UNITED  'STATES, 

Inland  rnles.  jy SteERING  AND   SAILING   RuLES. 

PRELIMINARY. 

Risk  of  collision  can,  when  circumstances  permit,  be 
ascertained  by  carefully  watching  the  compass  bearing  of 
an  approaching  vessel.  If  the  bearing  does  not  appre- 
ciably cliange,  such  risk  should  be  deemed  to  exist. 

SAILING  VESSELS. 

Art.  17.  Wien  two  sailing-vessels  are  approaching  one 
another,  so  as  to  involve  risk  of  collision,  one  of  them 
shall  keep  out  of  the  way  of  the  other  as  follows,  namely : 

(a)  A  vessel  which  is  running  free  sliall  keep  out  of 
the  way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack 
shall  keep  out  of  the  way  of  a  vessel  which  is  close-hauled 
en  the  starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on  dif- 
ferent sides,  the  vessel  which  has  the  wind  on  the  port  side 
shall  keep  out  of  the  way  of  the  other. 

(d)  When  both  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  which  is  to  the  windward  shall  keep 
out  of  the  way  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vessel  Avhich  has  the  wind  aft  shall  keep  out  of 
the  way  of  the  other  vessel. 

STEAM  VESSELS. 

Art.  18.  Rule  I.  When  steam-vessels  are  approaching 
each  other  head  and  head,  that  is,  end  on,  or  nearly  so,  it 
shall  be  the  duty  of  each  to  pass  on  the  port  side  of  the 
other;  and  either  vessel  shall  give,  as  a  signal  of  her  in- 
tention, one  short  and  distinct  blast  of  her  whistle,  which 
the  other  vessel  shall  answer  promptly  by  a  similar  blast 
of  her  whistle,  and  thereupon  such  vessels  "^shall  pass  on  the 
port  side  of  each  other.  Bat  if  the  courses  of  such  ves- 
sels are  so  far  on  the  starboard  of  each  other  as  not  to  be 
considered  as  meeting  head  and  head,  either  vessel  shall 
immediately  give  two  short  and  distinct  blasts  of  her 
whistle,  which  the  other  vessel  shall  answer  promptly  by 
two  similar  blasts  of  her  Avhistle,  and  they  shall  pas's  on 
the  starboard  side  of  each  other. 

The  foregoing  only  applies  to  cases  where  vessels  are 
meeting  end  on  or  nearly  end  on,  in  such  a  manner  as  to 
involve  risk  of  collision;  in  other  words,  to  cases  in 
which,  by  day,  each  vessel  sees  the  masts  of  the  other  in  a 
line,  or  nearly  in  a  line,  with  her  own,  and  by  night  to 
cases  in  which  each  vessel  is  in  such  a  position  as  to  see 
both  the  sidelights  of  the  other. 

It  does  not  apply  by  day  to  cases  in  which  a  vessel  sees 
another  ahead  crossing  her  own  course,  or  by  night  to 
cases  where  the  red  light  of  one  vessel  is  opposed  \o  the 


PART    XXXIV. EULES   TO   PREVENT    COLLISIONS,  353 

red  light  of  the  other,  or  where  the  green  light  of  one  ^n^a»<i  '•»i«s. 
vessel  is  opposed  to  the  green  light  of  the  other,  or  where 
a  red  light  Avithont  a  green  light  or  a  green  light  without 
a  red  light,  is  seen  ahead,  or  where  both  green  and  red 
lights  are  seen  anywdiere  but  ahead. 

Rule  III.  If,  when  steam-vessels  are  approaching  each 
other,  either  vessel  fails  to  understand  the  course  or  inten- 
tion of  the  other,  from  any  cause,  the  vessel  so  in  doubt 
shall  immediately  signify  the  sam.e  by  giving  seA^eral  short 
arid  rapid  blasts,  not  less  than  four,'^of  the  steam-whistle. 

Rule  V.  Whenever  a  steam-vessel  is  nearing  a  short 
bend  or  curve  in  the  channel,  where,  from  the  height  of 
the  banks  or  other  cause,  a  steam- vessel  approaching  from 
the  opposite  direction  can  not  be  seen  for  a  distance  of 
half  a  mile,  such  steam-vessel,  when  she  shall  have  arrived 
within  half  a  mile  of  such  curve  or  bend,  shall  give  a  sig- 
ral  by  one  long  blast  of  the  steam-whistle,  which  signal 
shall  be  answered  by  a  similar  blast,  given  by  any  ap- 
proaching steam-vessel  that  may  be  within  hearing.  V 
Should  such  signal  be  so  answered  by  a  steam- vessel  upon 
the  farther  side  of  such  bend,  then  the  usual  signals  for 
meeting  and  passing  shall  immediately  be  given  and  \ 
answered ;  but,  if  the  first  alarm  signal  of  such  vessel  be 
not  answered,  she  is  to  consider  the  channel  clear  and 
govern  herself  accordingly. 

When  steam-vessels  are  moved  from  their  docks  or 
berths,  and  other  boats  are  liable  to  pass  from  any  direc- 
tion toward  them,  they  shall  give  the  same  signal  as  in 
the  case  of  vessels  meeting  at  a  bend,  but  immediately 
after  clearing  the  berths  so  as  to  be  fulW  in  sight  they 
shall  be  governed  by  the  steering  and  sailing  rules.  i 

Rule  VIII.  V>lien  steam-vessels  are  running  in  the 
same  direction,  and  the  vessel  which  is  astern  shall  desire 
to  pass  on  the  right  or  starboard  hand  of  the  vessel  ahead, 
she  shall  give  one  short  blast  of  the  steam-whistle,  as  a 
signal  of  such  desire,  and  if  the  vessel  ahead  answers  with 
one  blast,  she  shall  put  her  helm  to  port;  or  if  she  shall 
desire  to  pass  on  the  left  or  port  side  of  the  vessel  ahead, 
she  shall  give  two  short  blasts  of  the  steam-whistle  as  a 
signal  of  such  desire,  and  if  the  vessel  ahead  answers 
with  two  blasts,  shall  put  her  helm  to  starboard;  or  if  the 
vessel  ahead  does  not  think  it  safe  for  the  vessel  astern  to 
attempt  to  pass  at  that  point,  she  shall  immediately  sig- 
nify the  same  by  giving  several  short  and  rapid  blasts  of 
the  steam-whistle,  noteless  than  four,  and  under  no  cir- 
cumstances shall  the  vessel  astern  attempt  to  pass  the 
vessel  ahead  until  such  time  as  they  have  reached  a  point 
where  it  can  be  safely  done,  when  said  vessel  ahead  shall 
signify  her  willingness  by  blowing  the  proper  signals. 
The  vessel  ahead  shall  in  no  case  attempt  to  cross  the  bow 
or  crowd  upon  the  course  of  the  passing  vessel. 

Rule  IX.  The  whistle  signals  provided  in  the  rules 
under  this  article,  for  steam-vessels  meeting,  passing,  or 

9GG94°— 11 23 


354  tTAVIGATTON    LAWS    OF    THE    UNITED    STATES. 

Inland  rnics.  overtaking,  are  never  to  be  used  except  when  steamers  are 
in  sight  of  each  other,  and  the  course  and  position  of  each 
can  be  determined  in  the  daytime  by  a  sight  of  the  vessel 
itself,  or  by  night  by  seeing  its  signal  lights.  In  fog. 
mist,  falling  snow  or  heavy  rainstorms,  when  vessels  can 
not  see  each  other,  fog-signals  only  must  be  given. 

SUPPLE3IENTARY    REGULATIONS. 

The  supervising  inspectors   of  steam- vessels   and   the 
Sec.  2.  Supervising  Inspector-General  shall  establish  such  rules 

to  be  observed  by  steam -vessels  in  passing  each  other  and 
as  to  the  lights  to  be  carried  b}^  ferry-boats  and  by  barges 
and  canal-boats  when  in  tow  of  steam-vessels,  not  incon- 
sistent with  the  jDrovisions  of  this  act,  as  they  from  time 
to  time  may  deem  necessary  for  safety,  which  rules  when 
Jipproved  by  the  Secretary  of  Commerce  and  Labor,  are 
Feb.  14,  1903.  Lereb}^  declared  special  rules  duly  made  by  local  author- 
Sec.  10.  ity^  as  provided  for  in  article  thirt}^  of  chapter  eight  hun- 
dred and  two  of  the  laws  of  eighteen  hundred  and  ninet}^ 
Two  printed  copies  of  such  rules  shall  be  furnished  to 
such  ferry-boats  and  steam-vessels,  which  rules  shall  be 
kept  posted  up  in  conspicuous  places  in  such  vessels. 

TWO    STEAINI-VESSELS    CROSSING. 

Art.  19.  When  two  steam  vessels  are  crossing,  so  as  to 
June?,  1897.    ij^^yolve  risk  of  collision,  the  vessel  which  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  wa}^  of  the 
other. 

STEAM-VESSEL    SHALL    KEEP    OUT    OF    THE    WAY    OF    SAILING- 
VESSEL. 

Art.  20.  "When  a  steam- vessel  and  sailing-vessel  are 
proceeding  in  such  directions  as  to  involve  risk  of  col- 
lision, the  steam-vessel  shall  keep  out  of  the  way  of  the 
sailing-vessel. 

COURSE  AND  SPEED. 

Art.  21.  Where,  by  any  of  these  rules,  one  of  the  two 
vessels  is  to  keep  out  of  the  way,  the  other  shall  keep  her 
course  and  speed. 

[See  articles  27  and  29.] 

CROSSING   AHEAD. 

Art.  22.  Every  vessel  which  is  directed  by  these  rules 
to  keep  out  of  the  way  of  another  vessel  shall,  if  the  cir- 
cumstances of  the  case  admit,  avoid  crossing  ahead  of  the 
other. 


PART   XXXIV. RULES   TO   PREVENT   COLLISIONS.  355 

STEAM-VESSELS    SHALL    SLACKEN    SPEED    OR   STOP.  iBland  rules. 

Art.  23.  Every  steam-vessel  which  is  directed  by  these 
rules  to  keep  out  of  the  way  of  another  vessel  shall,  on 
approaching  her,  if  necessary,  slacken  her  speed  or  stop 
or  reverse. 

OVERTAKING  VESSELS. 

Art.  24.  Notwithstanding  anything  contained  in  these 
rules  every  vessel,  overtaking  any  other,  shall  keep  out  of 
the  way  of  the  overtaken  vessel. 

Every  vessel  coming  up  with  another  vessel  from  any 
direction  more  than  two  points  abaft  her  beam,  that  is,  in 
such  a  position,  with  reference  to  the  vessel  which  she  is 
overtaking  that  at  night  she  v/ould  be  unable  to  see  either 
of  that  vessel's  side-lights,  shall  be  deemed  to  be  an  over- 
taking vessel;  and  no  subsequent  alteration  of  the  bearing 
between  the  two  vessels  shall  make  the  overtaking  vessel 
a  crossing  vessel  within  the  meaning  of  these  rules,  or 
relieve  her  of  the  duty  of  keeping  clear  of  the  overtaken 
vessel  until  she  is  finally  past  and  clear. 

As  by  day  the  overtaking  vessel  can  not  always  know 
with  certainty  whether  she  is  forward  of  or  abaft  this 
direction  from  the  other  vessel  she  should,  if  in  doubt, 
assume  that  she  is  an  overtaking  vessel  and  keep  out  of 
the  way. 

NARROW    CHANNELS. 

Art.  25.  In  narrow  channels  every  steam-vessel  shall, 
when  it  is  safe  and  practicable,  keep  to  that  side  of  the 
fair-way  or  mid-channel  which  lies  on  the  starboard  side 
of  such  vessel. 

RIGHTS  OF  AVAY  OF  FISHING  VESSELS. 

Art.  26.  Sailing-vessels  under  way  shall  keep  out  of 
the  way  of  sailiiig-vessels  or  boats  fishing  with  nets,  or 
lines  or  trawls.  This  rule  shall  not  give  to  any  vessel  or 
boat  engaged  in  fishing  the  right  of  obstructing  a  fair- 
way used  by  vessels  other  than  fishing- vessels  or  boats. 

GENERAL  PRUDENTIAL,  RULE. 

Art.  27.  In  obeying  and  construing  these  rules  due  re- 
gard shall  be  had  to  all  dangers  of  navigation  and  colli- 
sion, and  to  any  special  circumstances  which  may  render 
a  departure  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 

SOUND   SIGNALS  FOR  PASSING   STEAMERS. 

(See  Art.  18.) 

Art.  28.  When  vessels  are  in  sight  of  one  another  a 
steam- vessel  under  way  whose  engines  are  going  at  full 
speed  astern  shall  indicate  that  fact  by  three  short  blasts 
on  the  whistle. 


356  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

Inland  rules.  PRECAUTION. 

Art.  29.  Nothing  in  these  rules  shall  exonerate  any  ves- 
sel, or  the  owner  or  master  or  crew  thereof,  from  the  con- 
sequences of  any  neglect  to  carry  lights  or  signals,  or  of 
any  neglect  to  keep  a  proper  lookout,  or  of  the  neglect  of 
any  precaution  which  may  be  required  by  the  ordinary 
practice  of  seamen,  or  by  the  special  circmnstances  of  the 
case. 

LIGHTS    ON    UNITED    STATES    NAVAL    VESSELS    AND    REVENUE 

CUTTERS. 

Art.  30.  The  exhibition  of  any  light  on  board  of  a  ves- 
sel of  war  of  the  United  States  or  a  revenue  cutter  may  be 
suspended  whenever,  in  the  opinion  of  the  Secretary  of 
the  Xavy,  the  commander  in  chief  of  a  squadron,  or  the 
commander  of  a  vessel  acting  singly,  the  special  character 
of  the  service  may  require  it. 

DISTRESS  SIGNALS. 

Art.  31.  A^^ien  a  vessel  is  in  distress  and  requires  as- 
sistance from  other  vessels  or  from  the  shore  the  follow- 
ing shall  be  the  signals  to  be  used  or  displayed  by  her, 
either  together  or  separately,  namely: 

IN  THE  DAYTIME. 

A  continuous  sounding  with  any  fog-signal  apparatus, 
or  firing  a  gun. 

AT    NIGHT. 

First.  Flames  on  the  vessel  as  from  a  burning  tar  bar- 
rel, oil  barrel,  and  so  forth. 

Second.  A  continuous  sounding  Avith  any  fog-signal 
apparatus,  or  firing  a  gun. 

365.    Limits  of  application  of  international  and  inland  or  local 
rules. 

The  Secretary  of  Commerce  and  Labor  is  hereby  au- 

Feb.  19,  1895.  thorized,  empowered  and  directed  from  time  to  time  to 

^^^'^14  100*^  designate  and  define  by  suitable  bearings  or  ranges  with 

Sec  10.'  light  houses,  light  vessels,  buoys  or  coast  objects,  the  lines 

dividing  the  high  seas  from  rivers,  harbors  and  inland 

waters.     The  words  "  inland  waters "  used  in  this  Act 

shall  not  be  held  to  include  the  Great  Lakes  and  their 

connecting  and  tributary  waters  as  far  east  as  Montreal : 

LINES     ESTABLISHING     HARBORS,     RIVERS,     AND     INLAND      WATERS     OF 
*       THE    UNITED    STATES,    WITHIN    WHICH    THE    INLAND    RULES    ARE    TO 
APPLY. 

(All    bearings   are   in   degrees   true   and   points   magnetic,    and   are   given 
approximately ;    distances   in   nautical    miles.) 

Cutler  (Little  River)  Harbor,  Me.:  A  line  drawn  from  Long 
Point  226'  (SVv\  by  W.  f  W.)  to  Little  River  Head. 

Little  Macbias  Ba5%  Macliias  Bay,  Englisbnian  Ray,  Chandler 
Bay,    Moosabec    Reach,    Pleasant    Bay,    Narraguagus    Bay,    and 


PART    XXXIV. EULES    TO   PREVENT   COLLISIONS.  357 

Piseon  Hill  Bay,  Me. :  A  line  drawn  from  Little  River  Head  232°    inland  rules. 

(WSW.  i  W.)  to  the  outer  side  of  Old  Man;  thence  234°   (WSW. 

I  W.)  to  the  outer  side  of  Double  Shot  Islands;  thence  245°    (W. 

I  S.)    to  Libby  Islands  Lighthouse;  thence  23U°    (WSW.  I  W.) 

to  Moose  Peak  Lighthouse;  thence  233°    (WSW.  i  W.)  to  Little 

Pond  Head:  from  Pond  Point,  Great  Wass  Island,  239°    (WSW. 

f  W.)  to  outer  side  of  Crumple  Island;  thence  24S°   (W.  §  S.)  to 

Petit  Manan  Lighthouse. 

All  harbors  on  the  coast  of  Maine,  New  Hampshire,  and  Massa- 
chusetts between  Petit  Manan  Lighthouse,  Me.,  and  Cape  Anu 
Lighthouses,  Mass, :  A  line  drawn  from  Petit  Manan  Lighthouse 
205^°  (SW.  i  S.),  26J  miles,  to  Mount  Desert  Lighthouse;  thence 
250*°  (W.  i  S.),  jibout  S3  miles,  to  Matinicus  Rock  Lighthouses; 
thence  267^°  (WNW.  i  W.),  23^  miles,  to  Monhegan  Island  Light- 
house; thence  2G0°  (W.  i  N.),  19*  miles  to  Seguiu  Lighthouse; 
thence  233°  (WSW.),  18i  miles,  to  Cape  Elizabeth  Lightvessel, 
No.  74;  thence  214f°  (SW.  f  W.),  29*  miles,  to  Boon  Island 
Lighthouse;  thence  210i°  (SW.),  11  miles,  to  Anderson  Ledge 
Spindle,  off  Isles  of  Shoals  Lighthouse;  thence  176i°  (S.  i  W.), 
19*  miles,  to  Cape  Ann  Lighthouses,  Mass. 

Boston  Harbor:  From  Eastern  Point  Lighthouse  215j  (SW. 
i  W.),  15f  miles,  to  The  Gra-.es  Lighthouse;  thence  139?°  (SSE. 
I  E.),  7i  miles,  to  Minots  Ledge  Lighthouse. 

All  harbors  in  Cape  Cod  Bay,  Mass. :  A  line  drawn  from  Ply- 
mouth (Gurnet)  Lighthouses  77^  (E.  i  S.),  16i  miles,  to  Race 
Point  Lighthouse. 

Nantucket  Sound,  Vineyard  Sound.  Buzzards  Bay,  Narragan- 
sett  Bav,  Block  Island  Sound,  and  easterly  entrance  to  Long 
Island  Sound:  A  line  drawn  from  Chatham  Lighthouses,  Mass., 
146°  (S.  by  E.  i  E.).  41  miles,  to  Pollock  Rip  Shoals  Lightvessel, 
No.  73;  thence  142°  (SSE.  i  E.),  12f  miles,  to  Great  Round  Shoal 
Entrance  Gas,  whistling,  and  Submarine  Bell  Buoy  (PS)  ;  thence 
229°  (SW.  by  W.  i  W.),  14*  miles,  to  Sankaty  Head  Lighthouse; 
from  Smith  Point,  Nantucket  Island.  265°  (W.  f  N.),  25*  miles,  to 
southeasterlv  point  No  Mans  Land ;  from  westerly  point  No  Mans 
Land  359°  (N.  by  E.),  5i  miles  to  Gay  Head  Lighthouse;  thence 
250i°  (AV.  f  S.),  34*  miles,  to  Block  Island  Southeast  Lighthouse; 
thence  2501°  (W.  f"s.),  14|  miles,  to  Montauk  Point  Lighthouse, 
on  the  easterly  end  of  Long  Island,  N.  Y. 

New  York  Harbor:  A  line  drawn  from  Rockaway  Point  Life- 
Saving  Station  167^°  (S.  i  E.),  6-1  miles,  to  Ambrose  Channel 
Lightvessel,  No.  87;  thence  238^°  (WSW.),  8i  miles,  to  Nave- 
sink  (southerly)  Lighthouse. 

Philadelphia  Harbor  and  Delaware  Bay:  A  line  drawn  from 
Cape  May  Lighthouse  200°  (SSW.  f  W.),  8^  miles,  to  Overfalls 
Lightvessel,  No.  GO:  thence  246*°  (WSW.  i  W.),  3i  miles,  to 
Cape  Heulopen  Lighthouse. 

Baltimore  Harbor  and  Chesapeake  Bay:  A  line  drawn  from 
Cape  Charles  Lighthouse  188*°  (S.  by  W.  i  W.),  10  miles,  to 
Outer  Entrance  Whistling  Buoy.  2;  thence  241f°  (SW.  by  W.  i 
W.),  4  miles,  to  Cape  Henry  Lighthouse. 

Charleston  Harbor:  A  line  drawn  from  Ferris  Wheel,  on  Isle 
of  PiUms,  154°  (SSE.  i  E.),  7  miles,  to  Charleston  Lightvessel, 
No.  34;  thence  259°  (W.  |  S.)  through  Charleston  Whistling 
Buoy,  6C,  7f  miles,  until  Charleston  Lighthouse  bears  350  (N.  i 
W\)  ;  thence  270°  (W.),  2i  miles,  to  the  beach  of  Folly  Island. 

Savannah  Harbor  and  Calibogue  Sound:  A  line  drawn  from 
Braddock  Point,  Hilton  Head  Island,  149°  (SSE.  f  E.),  9|  miles, 
to  Tybee  Gas  and  Whistling  Buoy,  T  (PS)  ;  thence  270  (W.) 
to  the  beach  of  Tybee  Island. 

St.  Simon  Sound  (Brunswick  Harbor)  and  St.  Andrew  Sound: 
From  hotel  on  beach  of  St.  Simon  Island  il  mile  60°  (NE.  by  B. 
f  E.)  from  St.  Simon  Lighthouse,  1301°   (SE.  i  E.),  6f  miles,  to 


858  NAVIGATION   LAWS   OF   THE   UNITED    STATES. 

Inland  rules.  St.  Simon  Whistling  Buoy;  thence  192°  (S.  by  W.),  8|  miles,  to 
St.  Andrew  Somid  Bar  Bnoy  (PS);  thence  270°  (AV.  4  S.),  4| 
miles,  to  the  shore  of  Little  Cumberland  Island. 

St.  Johns  River,   Fla.:  A  straight  line  from   the  outer  end  of 
the  northerly  jetty  to  the  outer  end  of  the  southerly  jetty. 

Florid;!  IJeefs  and  Keys:  A  line  drawn  from  the  easterly  end  of 
the  northerly  jetty,  at  the  entrance  to  the  dredged  channel  * 
mile  northerly  of  Norris  Cut,  114*°  (ESE.),  1|  miles,  to  Florida 
Eeefs  North  End  Beacon,  ^Y.:  thence  ITSr  (S.  i  E.),  7i  miles,  to 
Biscavne  Bay  Sea  Bell  Buoy,  1;  thence  lSi2-°  (S.),  2t  miles,  to 
Fowey  Bocks  Lighthouse:  thence  1S8°  (S.  i  W.),  6i  miles,  to 
Triumj^h  Beef  Beacon,  O;  thence  193°  (S.  by  W.),  4^  miles,  to 
Ajax  B-pf  Beacon,  M;  thence  194*°  (S.  by  W.  h  AV.),  2  miles,  to 
Pacific  Reef  Beacon,  L;  thence  196*°  (S.  by  W.  |  W.),  5  miles,  to 
Turtle  Harbor  Sea  Buov,  2;  thence  210°  (SSW.  i  W.),  4|  miles, 
to  Carysfort  Reef  Lighthouse;  thence  209*°  (SSW.  ^  W.),  5J 
miles,  to  Elbow  Reef  Beacon,  J;  thence  218°  (SW.  f  S.),  7f 
miles,  to  French  Reef  Beacon,  G;  thence  220*°  (SW.  *  S.),  2 
miles,  to  Molasses  Reef  Bencon,  T;  thence  234}°  (S'\V.  f  W.),  6 
miles,  to  Conch  Reef  Beacon,  E;  thence  235°  (SW.  f  W.)  through 
Crocker  Reef  Beacon,  D,  101  miles,  to  Alligator  Reef  Lighthouse; 
thence  238°  (SW,  by  W.),  9  miles,  to  Tennessee  Reef  Beacon,  7; 
thence  222-1°  (SW.  ^  S.),  2  miles,  to  Tennessee  Reef  Buoy,  4; 
thence  251°  (WSW.  i  W.),  10^  miles,  to  Cofihis  Patches  Beacon, 
C;  thence  247°  (SW.  by  W.  f  W\),  8|  miles,  to  Sombrero  Key 
Lighthouse;  thence  250°  (AVSW.),  2i  miles,  to  Sombrero  Key 
Trrn  Buoy  (PS)  ;  thence  253°  (WSW.  1  W.).  (3*  miles,  to  Bahia 
Honda  Sea  Buov  (PS)  ;  thence  255*°  (WSW.  i  W.),  7*  miles,  to 
Looe  Key  Beacon,  6;  thence  257^  (WSW.  f  W.),  6|  miles,  to 
American  Shoal  Lighthouse;  thence  253*°  (WSW.  §  W.),  2| 
miles,  to  Maryland  Shoal  Beacon,  S;  thence  259°  (WSW.  f  W.), 
5:1  miles,  to  Eastern  Sambo  Beacon,  A;  thence  256*°  (WS\y.  i 
W.),  2i  miles,  to  Western  Sambo  Beacon,  R;  thence  252i° 
(V>'SW.  i  W.),  1§  miles,  to  Western  Snmbo  Buoy,  2:  thence  261f'' 
(W.  by  S.),  through  Ship  Channel  Shoal  Beacon,  5,  3i  miles,  to 
Ilia  in  Ship  Channel  Entrance  Bar  Buoy  (PS)  ;  thence  259^° 
(WSW.  I  W.),  2*  miles,  to  Eastern  Dry  Rocks  Beacon,  4;  thence 
256i°  (WSW.  i  W.),  1|  miles,  to  Sand  Key  Lighthouse;  thence 
281°  (W.  by  S.),  2i  miles,  to  AVestern  Dry  Rocks  Beacon,  2; 
thence  2681°  (W.  f  S.),  3*  miles,  through  Satan  Shoal  Buoy 
(HS)  to  A^estal  Shoal  Buoy,  1;  thence  2731°  (W.  i  N.),  5i 
miles,  to  Coal  Bin  Rock  Buoy  (HS)  ;  thence  3241°  (NW.  |  N.), 
7i  miles,  to  Conch  Key:  from  northwesterly  point  Marquesas 
Keys  611°  (^E.  by  E.  i  E.),  4i  miles,  to  North  Entrance  Buoy 
(PS),  Boca  Grande  Channel;  thence  84°  (E.  f  N.),  9i  miles,  to 
Northwest  Channel  Entrance  Bell  Buoy  (PS),  Northwest  Chan- 
nel into  Key  West;  thence  68}°  (NE.  by  E.  |  E.),  23*  miles,  to 
northerly  side  of  Content  Keys;  thence  48^°  (NE.  i  E.),  29i 
miles,  to  East  Cape,  Cape  Sable. 

Charlotte  Harbor  and  Punta  Gorda,  Fla. ;  Eastward  of  En- 
tr:  nee  Bell  Buoy  (PS),  off  Boca  Grande,  and  in  Charlotte  Har- 
bor, in  Pine  Island  Sound  and  Matlacha  Pass.  Pilot  Rules  for 
AA'estern  Rivers  apply  in  Peace  and  Myacca  Rivers  north  of  a 
250°  and  70°  (WSW.  and  ENE.)  line  through  Mangrove  Point 
Light ;  and  in  Caloosahatchee  River  northward  of  the  steamboat 
wharf  at  Punta  rasa. 

Tampa  Bny  and  tributaries,  Fla.:  From  the  southerly  end  of 
Long  Key  245}°  (SW.  by  W.  f  W.),  3  miles,  to  Entrance^Gas  and 
Whistling  Buoy  (PS)  ;  thence  128*°  (SE.  |  E.),  6*  miles,  to  Bar 
Bell  Buoy  (PS)  at  the  entrance  to  Southwest  Channel;  thence 
102*°  (E.  I  S.),  2|  miles,  to  the  house  on  the  north  end  of  Anna 
Maria  Key.  Pilot  Rules  for  Western  Rivers  apply  in  Manatee 
River  inside  Entrance  Buoy  (PS)  ;  in  Hillsboro  River  inside 
Barrel  Stake  Beacon. 

St.  George  Sound,  Apalachicola  Bay,  Carrabelle  and  Apalachi- 
COla  Rivers,  and  St.   Vincent  Sound,  Fla. :  North  of  a  line  from 


PAET   XXXIV. RULES   TO   PREVENT   COLLISIONS.  359 

Liglithouse  Point  246°  (SW.  by  W.  f  W.),  131  miles,  to  south-  inland  rules. 
easterly  end  of  Dog  Island;  to  northward  of  East  Pass  Bell  Buoy 
(PS)  at  the  entrance  to  East  Pass,  and  inside  West  Pass  Bell 
Buoy  (PS)  at  the  seaward  entrance  to  West  Pass.  Pilot  Rules  for 
Western  Rivers  apply  in  Carrabelle  River  and  when  on  the  range 
and  crossing  the  bar  at  the  entrance;  in  Apalachicola  River  and 
northward  of  Five-Foot  Lump  Buoy,  5,  when  crossing  the  bar. 

Pensacola  Harbor  :  From  Caucus  Cut  Entrance  Whistling  Buoy 
(PS)  S°  CN.  i  E.)  tangent  to  easterly  side  of  Fort  Pickens,  to  the 
shore  of  Santa  Rosa  Island,  and  from  the  Whistling  Buoy  north- 
ward in  the  buoyed  channel  through  Caucus  Shoal. 

Mobile  Harbor  and  Bay:  From  Outer  Whistling  Buoy  (PS)  40° 
(NE.  by  N.)  to  shore  of  Mobile  Point,  and  from  the  Whistling 
Buoy  320°  (NW.)  to  the  shore  of  Dauphin  Island.  Pilot  Rules 
for  Western  Rivers  apply  in  Mobile  River  above  Battery  Gladden 
Light. 

Sounds,  Lakes,  and  Harbors  on  the  Coasts  of  Alabama,  Missis- 
sippi, and  Louisiana,  between  Mobile  Bay  Entrance  and  the  Delta 
of  the  Mississippi  River:  From  Sand  Island  Lighthouse  259° 
(WSW.  *  W.),  43*  miles,  to  Chandeleur  Lighthouse;  westward  of 
Chandeleur  and  Errol  Islands,  and  west  of  a  line  drawn  from  the 
southwesterly  point  of  Errol  Island  182°  (S.  i  E.),  23^  miles,  to 
Pass  a  Loutre  Lighthouse.  Pilot  Rules  for  Western  Rivers  apply 
in  Pascagoula  River,  and  in  the  dredged  cut  at  the  entrance  to 
the  rivei%  above  Pascagoula  River  Entrance  Light,  A,  marking 
the  entrance  to  the  dredged  cut. 

New  Orleans  Harbor  and  the  Delta  of  the  Mississippi  River. 
Inshore  of  a  line  drawn  from  the  outermost  mud  lump  showing 
above  low  water  at  the  entrance  to  Pass  a  Loutre  to  a  similar 
lump  off  the  entrance  to  Northeast  Pass ;  thence  to  a  similar  lump 
oft  the  entrance  to  Southeast  Pass;  thence  to  the  outermost  aid 
to  navigation  off  the  entrance  to  South  Pass;  thence  to  the  outer- 
most aid  to  navigation  oft  the  entrance  to  Southwest  Pass; 
thence  northerly,  about  18^  miles,  to  the  westerly  point  of  the 
entrance  to  Jaque  Bay. 

Sabine  Pass,  Tex.:  Pilot  Rules  for  Western  Rivers  apply  to 
Sabine  Pass  northward  of  Sabine  Pass  Whistling  Buoy  (PS), 
and  in  Sabine  Lake  and  its  tributaries.  Outside  of  this  buoy 
the  International  Rules  apply. 

Galveston  Llarbor:  A  line  drawn  from  Galveston  North  Jetty 
Light  164°  (SSE.  J  E.),  21  miles,  to  Galveston  Bar  Gas  Buoy 
(PS);  thence  312^°  (NW.  i  W.),  1|  miles,  to  Galveston  (S.) 
Jetty  Light. 

Brazos  River,  Tex. :  Pilot  Rules  for  Western  Rivers  apply  in  the 
Brazos  River  above  the  outer  ends  of  the  jetties.  International 
Rules  apply  outside  the  ends  of  the  jetties. 

San  Diego  Harbor:  A  line  drawn  from  southerly  tower  Coro- 
nado  Hotel  221i°  (SSW.  f  W.),  4i  miles,  to  Outside  Bar  Whis- 
tling Buoy,  SD.  (PS)  ;  thence  356f°  (N.  by  W.  f  W.),  2f  miles, 
to  Point  Loma  Lighthouse. 

San  Francisco  Harbor:  A  line  drawn  from  South  Side  Life- 
Saving  Station  2S0f°  (W.  f  S.),  9  miles,  to  San  Francisco  Light- 
vessel,  No.  TO;  thence  37*°  (N.  by  E.  i  E.),  to  westerly  peak  at 
entrance  to  Frank  Valley. 

Columbia  River  Entrance:  A  line  drawn  from  Point  Adams 
rnused  Lighthouse  2T2i°  (WSW.  *  W.),  8*  miles,  to  Columbia 
River  Lightvessel,  No.  88;  thence  34i°  (N.  by  E.),  7i  miles,  to 
North  Head  Lighthouse. 

Juan  de  Fuca  Strait,  Washington  and  Puget  Sounds:  A  line 
drawn  from  New  Dungeness  Lighthouse  19*°  (N.  i  W.),  ITi 
miles,  to  Cattle  Point  Light,  on  southeasterly  point  of  San  Juan 
Island  (Mount  Constitution,  on  Orcas  Island,  is  in  range  with 
Cattle  Point  Light  on  this  line)  ;  from  Bellevue  Point.  San  Juan 
Island,  335f°  (NW.  I  W.),  to  Kellett  Bluff,  Henry  Island :  thence 
346°  (NW.  I  N.)  to  Turn  Point  Light;  thence  704°  (^^K-  |  E.),  8| 
miles,  to  westerly  point  of  Skipjack  Island;  thence  37i°  (N.  by 
E.  i  E.),  4i  miles,  to  Patos  Islands  Light;  thence  337i°  (NW.  i 
W.),  12  miles,  to  Point  Roberts  Light. 


360  NAVIGATION    LAWS    OF    THE   UNITED    STATES. 

Inland  rules.  General  rule, — At  all  buoyed  entrances  from  seaward  to  bays, 
sounds,  rivers,  or  other  estuaries,  for  ^Yllicll  specific  lines  have 
not  been  described,  inland  rules  shall  apply  inshore  of  a  line, 
approximately  parallel  with  the  general  trend  of  the  shore, 
drawn  through  the  outermost  buoy  or  other  aid  to  navigation  of 
any  system  of  aids. 

366.   Rules  for  the  Great  Lakes  and  the  St.  Lawrence  River  as 
far  east  as  Montreal. 

Feb.  8, 1895.  Xhe  following  rules  for  preventing  collisions  shall  be 
followed  in  the  navigation  of  all  public  and  private  ves- 
sels of  the  United  States  upon  the  Great  Lakes  and  their 
connecting  and  tributary  waters  as  far  east  as  Montreal. 

Steam  and  Sail  Vessels. 

Rule  1.  Every  steam  vessel  vrhich  is  under  sail  and  not 
under  steam,  shall  be  considered  a  sail  vessel;  and  every 
steam  vessel  which  is  under  steam,  whether  under  sail  or 
not,  shall  be  considered  a  steam  vessel.  The  word  steam 
vessel  shall  include  any  vessel  propelled  by  machinery. 
A  vessel  is  under  way  within  the  meaning  of  these  rules 
when  she  is  not  at  anchor  or  made  fast  to  the  shore  or 
aground. 

LIGHTS. 

Rule  2.  The  lights  mentioned  in  the  following  rules 
and  no  others  shall  be  carried  in  all  weathers  from  sunset 
to  sunrise.  The  word  visible  in  these  rules  when  applied 
to  lights  shall  mean  visible  on  a  dark  night  with  a  clear 
atmosiDhere. 

Rule  3.  Except  in  the  cases  hereinafter  expressly  pro- 
vided for,  a  steam  vessel  when  under  way  shall  carry : 

(a)  On  or  in  front  of  the  foremast,  or  if  a  vessel  with- 
out a  foremast,  then  in  the  forepart  of  the  vessel,  at  a 
height  above  the  hull  of  not  less  than  twenty  feet,  and  if 
the  beam  of  the  vessel  exceeds  twenty  feet,  then  at  a 
height  above  the  hull  not  less  than  such  beam,  so,  how^- 
ever,  that  such  height  need  not  exceed  forty  feet,  a  bright 
white  light  so  constructed  as  to  show  an  unbroken  light 
over  an  arc  of  the  horizon  of  twenty  points  of  the  com- 
pass, so  fixed  as  to  throw  the  light  ten  points  on  each  side 
of  the  vessel,  namely,  from  right  ahead  to  two  points 
abaft  the  beam  on  either  side,  and  of  such  character  as  to 
be  visible  at  a  distance  of  at  least  five  miles. 

(b)  On  the  starboard  side,  a  green  light,  so  constructed 
as  to  throw-  an  unbroken  light  over  an  arc  of  the  horizon 
of  ten  points  of  the  compass,  so  fixed  as  to  throw  the  light 
from  right  ahead  to  two  points  abaft  the  beam  on  the 
starboard  side,  and  of  such  a  character  as  to  be  visible  at 
a  distance  of  at  least  two  miles. 

(c)  On  the  port  side,  a  red  light,  so  constructed  as  to 
show  an  unbroken  light  over  an  arc  of  the  horizon  of  ten 
points  of  the  compass,  so  fi.xed  as  to  throAV  the  light  from 
right  ahead  to  two  points  abaft  the  beam  on  the  port  side, 


PAET    XXXIV. RULES    TO   PREVENT   COLLISIONS.  361 

and  of  such  a  character  as  to  be  visible  at  a  distance  of  at    ^^eat   Lake» 
least  two  miles. 

(d)  The  said  green  and  red  lights  shall  be  fitted  with 
inboard  screens  projecting  at  least  three  feet  forward 
from  the  light,  so  as  to  prevent  these  lights  from  being 
seen  across  the  bow. 

(e)  A  steamer  of  over  one  hundred  and  fifty  feet  regis- 
ter length  shall  also  carry  when  under  way  an  additional 
bright  light  similar  in  construction  to  that  mentioned  in 
subdivision  (a),  so  fixed  as  to  throw  the  light  all  around 
the  horizon  and  of  such  character  as  to  be  visible  at  a 
distance  of  at  least  three  miles.  Such  additional  light 
shall  be  placed  in  line  with  the  keel  at  least  fifteen  feet 
higher  from  the  deck  and  more  than  seventy-five  feet 
abaft  the  light  mentioned  in  subdivision  (a). 

VESSELS    TOWING. 

Rule  4.  A  steam  vessel  having  a  tow  other  than  a  raft 
shall  in  addition  to  the  forward  bright  light  mentioned 
in  subdivision  (a)  of  rule  three  carry  in  a  vertical  line 
not  less  than  six  feet  above  or  below  that  light  a  second 
bright  light  of  the  same  construction  and  character  and 
fixed  and  carried  in  the  same  manner  as  the  forward 
bright  light  mentioned  in  said  subdivision  (a)  of  rule 
three.  Such  steamer  shall  also  carry  a  small  bright  light 
abaft  the  funnel  or  aftermast  for  the  tow  to  steer  b}',  but 
such  light  shall  not  be  visible  forward  of  the  beam. 

Rule  5.  A  steam  vessel  having  a  raft  in  tow  shall,  in- 
stead of  the  forward  lights  mentioned  in  rule  four,  carry 
on  or  in  front  of  the  foremast,  or  if  a  vessel  without  a 
foremast  then  in  the  fore  part  of  the  vessel,  at  a  height 
above  the  hull  of  not  less  than  tAventy  feet,  and  if  the 
beam  of  the  atsscI  exceeds  twenty  feet,  then  at  a  height 
above  the  hull  not  less  than  such  beam,  so  however  that 
such  height  need  not  exceed  forty  feet,  two  bright  lights 
in  a  horizontal  line  athwartships  and  not  less  than  eight 
feet  apart,  each  so  fixed  as  to  throw  the  light  all  around 
the  horizon  and  of  such  character  as  to  be  visible  at  a  dis- 
tance of  at  least  five  miles.  Such  steamer  shall  also  carry 
the  small  bright  steering  light  aft,  of  the  character  and 
fixed  as  required  in  rule  four. 

Rule  6.  A  sailing  vessel  imder  way  and  any  vessel 
being  tow^ed  shall  carry  the  side  lights  mentioned  in  rule 
three. 

A  vessel  in  tow  shall  also  carry  a  small  bright  light  aft, 
but  such  light  shall  not  be  visible  forward  of  the  beam. 

Rule  7.  The  lights  for  tugs  under  thirty  tons  register 
whose  principal  business  is  harbor  towing,  and  for  boats 
navigating  only  on  the  River  Saint  Lawrence,  also  ferry- 
boats, rafts,  and  canal  boats,  shall  be  regulated  by  rules 
which  have  been  or  may  hereafter  be  prescribed  by  the 
Board  of  Supervising  Inspectors  of  Steam  Vessels. 


362  NAVIGATION   LAWS   OF   THE   UNITED    STATES. 

Great  Lakes  RuLE  8.  Whenever,  as  in  the  case  of  small  vessels  under 
"^®^*  way  clurmg  bad  weather,  the  green  and  red  side  lights  can 

not  be  fixed,  these  lights  shall  be  kept  at  hand  lighted  and 
ready  for  use,  and  shall,  on  the  approach  of  or  to  other 
vessels,  be  exhibited  on  their  respective  sides  in  sufilcient 
time  to  prevent  collision,  in  such  manner  as  to  make  them 
mcst  visible,  and  so  that  the  green  light  shall  not  be  seen 
on  the  port  side,  nor  the  red  light  on  the  starboard  side, 
nor,  if  practicable,  more  than  two  points  abaft  the  beam 
on  their  respective  sides.  To  make  the  use  of  these  port- 
able lights  more  certain  and  easy,  they  shall  each  be 
painted  outside  with  the  color  of  the  light  they  respec- 
tively contain,  and  shall  be  provided  with  suitable  screens. 

Rule  9.  A  vessel  under  one  hundred  and  fifty  feet  reg- 
ister length,  when  at  anchor,  shall  carry  forward,  where 
it  can  best  be  seen,  but  at  a  height  not  exceeding  twenty 
feet  above  the  hull,  a  white  light  in  a  lantern  constructed 
so  as  to  show  a  clear,  uniform,  and  unbroken  light,  visible 
all  around  the  horizon,  at  a  distance  of  at  least  one  mile. 

A  vessel  of  one  hundred  and  fift}^  feet  or  upward  in 
register  length,  when  at  anchor,  shall  carry  in  the  forward 
part  of  the  vessel,  at  a  height  of  not  less  than  twenty  and 
not  exceeding  forty  feet  above  the  hull,  one  such  light, 
and  at  or  near  the  stern  of  the  vessel,  and  at  such  a  height 
that  it  shall  be  not  less  than  fifteen  feet  lower  than  "the 
forward  light,  another  such  light. 

Rule  10.  Produce  boats,  canal  boats,  fishing  boats, 
rafts,  or  other  water  craft  navigating  any  ba}^,  harbor,  or 
river  by  hand  power,  horse  power,  sail,  or  by  the  current 
of  the  river,  or  which  shall  be  anchored  or  moored  in  or 
near  the  channel  or  fairway  of  any  bay,  harbor,  or  river, 
and  not  otherwise  provided  for  in  these  rules,  shall  carry 
one  or  more  good  white  lights,  Avhich  shall  be  placed  in 
such  manner  as  shall  be  prescribed  by  the  Board  of 
Supervising  Inspectors  of  Steam  Vessels. 

Rule  11.  Open  boats  shall  not  be  obliged  to  carry  the 
side  lights  required  for  other  vessels,  but  shall,  if  they  do 
not  carry  such  lights,  carry  a  lantern  having  a  green  slide 
on  one  side  and  a  red  slide  on  the  other  side ;  and  on  the 
approach  of  or  to  other  vessels,  such  lantern  shall  be 
exhibited  in  sufficient  time  to  prevent  collision,  and  in 
such  a  manner  that  the  green  light  shall  not  be  seen  on  the 
port  side,  nor  the  red  light  on  the  starboard  side.  Open 
boats,  when  at  anchor  or  stationary,  shall  exhibit  a  bright 
white  light.  They  shall  not,  hov  ever,  be  prevented  fix)ni 
using  a  flare-up  in  addition  if  considered  expedient. 

Rule  12.  Sailing  vessels  shall  at  all  times,  on  the  ap- 
proach of  any  steamer  during  the  night-time,  show  a 
lighted  torch  upon  that  point  or  quarter  to  which  such 
steamer  shall  be  approaching. 

Rule  13.  The  exhibition  of  any  light  on  board  of  a  ves- 
sel of  war  or  revenue  cutter  of  the  United  States  mav  be 
suspended  whenever,  in  the  opinion  of  the  Secretary  of 


PART   XXXIV. RULES    TO   PREVENT   COLLISIONS.  363 

the  Nav3^  the  commander  in  chief  of  a  squadron,  or  the  ^reat    Lakc« 
commander  of  a  vessel  acting  singly,  the  special  character  ''"^®^* 
of  the  service  may  require  it. 

rOG   SIGNALS. 

KuLE  14.  A  steam  vessel  shall  be  provided  vith  an  effi- 
cient whistle,  sounded  b}^  steam  or  by  some  substitute  for 
steam,  placed  before  the  funnel  not  less  than  eight  feet 
from  the  deck,  or  in  such  other  place  as  the  local  inspect- 
ors of  steam  vessels  shall  determine,  and  of  such  character 
as  to  be  heard  in  ordinar}^  weather  at  a  distance  of  at  least 
two  miles,  and  with  an  efficient  bell,  and  it  is  hereby  made 
the  duty  of  the  United  States  local  inspectors  of  steam 
vessels  wdien  inspecting  the  same  to  require  each  steamer 
to  be  furnished  with  such  whistle  and  bell.  A  sailing  ves- 
sel shall  be  provided  with  an  efficient  fog  horn  and  with 
an  efficient  bell. 

Whenever  there  is  thick  weather  by  reason  of  fog,  mist, 
falling  snow,  heavy  rainstorms,  or  other  causes,  whether 
by  day  or  by  night,  fog  signals  shall  be  used  as  follows: 

(a)  A  steam  vessel  under  way,  excepting  only  a  steam 
vessel  with  raft  in  tow,  shall  sound  at  intervals  of  not 
more  than  one  minute  three  distinct  blasts  of  her  whistle. 

(b)  Every  vessel  in  tow  of  another  vessel  shall,  at  inter- 
vals of  one  minute,  sound  four  bells  on  a  good  and  efficient 
and  properly  placed  bell  as  follows:  By  striking  the  bell 
twice  in  quick  succession,  followed  by  a  little  longer  inter- 
val, and  then  again  striking  twice  in  quick  succession  (in 
the  manner  in  which  four  bells  is  struck  in  indicating 
time). 

(c)  A  steamer  with  a  raft  in  tow  shall  sound  at  inter- 
vals of  not  more  than  one  minute  a  screeching  or  Modoc 
whistle  for  from  three  to  five  seconds. 

(d)  A  sailing  vessel  under  way  and  not  in  tow  shall 
sound  at  intervals  of  not  more  than  one  minute — 

If  on  the  starboard  tack  with  w^ind  forward  of  abeam, 
one  blast  of  her  fog  horn ; 

If  on  the  port  tack  with  wind  forward  of  the  beam,  two 
blasts  of  her  fog  horn ; 

If  she  has  the  wind  abaft  the  beam  on  either  side,  three 
blasts  of  her  fog  horn. 

(e)  Any  vessel  at  anchor  and  any  vessel  aground  in  or 
near  a  cliannel  or  fairv\'ay  shall  at  intervals  of  not  more 
than  two  minutes  ring  the  bell  rapidly  for  three  to  five 
seconds. 

(f )  Vessels  of  less  than  ten  tons  registered  tonnage,  not 
being  steam  vessels,  shall  not  be  obliged  to  give  the  above- 
mentioned  signals,  but  if  they  do  not  they  shall  make 
some  other  efficient  sound  signal  at  intervals  of  not  more 
than  one  minute. 

(g)  Produce  boats,  fishing  boats,  rafts,  or  other  water 
craft  navigating  by  hand  power  or  by  the  current  of  the 
river,  or  anchored  or  moored  in  or  near  the  channel  or 


364  NAVIGATIOIT   LAWS    OF    THE   UNITED    STATES. 

Great   i^akes  f^ir-yay  and  not  in  am^  port,  and  not  otherAvise  provided 
rules.  ^^^^  ^^^  these  rules,  shall  sound  a  fog  horn,  or  equivalent 

signal,  at  intervals  of  not  more  than  one  minute. 

Rule  15.  Every  vessel  shall,  in  thick  weather,  by  rea- 
son of  fog,  mist,  falling  snoAV.  heavy  rain  storms,  or  other 
causes,  go  at  moderate  speed.  A  steam  vessel  hearing, 
apparently  not  more  than  four  points  from  right  ahead, 
the  fog  signal  of  another  vessel  shall  at  once  reduce  her 
speed  to  bare  steerageway,  and  navigate  with  caution 
until  the  vessels  shall  haA'e  passed  each  other. 

Steeking  and  Sailing  Rules. 

sailing  vessels. 

Rule  16.  Wlien  two  sailing  vessels  are  approac?iing 
one  another  so  as  to  involve  risk  of  collision  one  of  them 
shall  keep  out  of  the  Avay  of  the  other,  as  f oIIoavs,  namely : 

(a)  A  vessel  Avhich  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  closehauled. 

(b)  A  vessel  which  is  closehauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  closehauled  on 
the  starboard  tack. 

(c)  Allien  both  are  running  free.  Avith  the  Avind  on  dif- 
ferent sides,  the  vessi4  Avhich  has  the  wind  on  the  port 
side  shall  keep  out  of  the  way  of  the  other. 

(d)  When  the}'  are  running  free,  with  the  wind  on  the 
same  side,  the  vessel  Avhich  is  to  windward  shall  keep  out 
of  the  way  of  the  vessel  Avhich  is  to  leeward. 

STEAM  VESSELS. 

Rule  17.  T\lien  two  steam  vessels  are  meeting  end  on, 
or  nearly  end  on.  so  as  to  iuA^olve  risk  of  collision  each 
shall  alter  her  course  to  starboard,  so  that  each  shall  pass 
on  the  port  side  of  the  other. 

Rule  18.  Allien  two  steam  A^essels  are  crossing  so  as  to 
involve  risk  of  collision  the  vessel  Avhich  has  the  other  on 
her  own  starboard  side  shall  keep  out  of  the  way  of  the 
other. 

Rule  19.  "\nien  a  steam  A^essel  and  a  sailing  A^essel  are 
proceeding  in  such  directions  as  to  iuA^oh-e  risk  of  colli- 
sion the  steam  vessel  shall  keep  out  of  the  way  of  the  sail- 
ing vessel. 

Rule  20.  ^"^Tiere,  by  any  of  the  rules  herein  prescribed, 
one  of  two  vessels  shall  keep  out  of  the  way,  the  other 
shall  keep  her  course  and  speed. 

Rule  21.  EA^ery  steam  vessel  which  is  directed  by  these 
rules  to  keep  out  of  the  way  of  another  A^essel  shall .  on 
approaching  her,  if  necessary,  slacken  her  speed  or  stop  or 
reverse. 

Rule  22.  NotAvithstanding  anything  contained  in  these 
rules  every  vessel  overtaking  any  other  shall  keep  out  of 
the  way  of  the  OA^rtaken  vessel. 


PART   XXXIV. RULES   TO   PREVENT   COLLISIONS.  365 

EuLE  23.  In  all  weathers  every  steam  vessel  under  way  ^^^^^  i^akes 
in  taking  any  course  authorized  or  required  by  these  rules  ^"^®^* 
shall  indicate  that  course  by  the  following  signals  on  her 
whistle,  to  be  accompaniecl  whenever  required  by  corre- 
sponding alteration  of  her  helm;  and  every  steam  vessel 
receiving  a  signal  from  another  shall  promptly  respond 
with  the  same  signal  or,  as  provided  in  Rule  Twenty-six : 

One  blast  to  mean,  "  I  am  directing  my  course  to 
starboard." 

Two  blasts  to  mean,  "I  am  directing  my  course  to 
port."  But  the  giving  or  answering  signals  b}^  a  vessel 
required  to  keep  her  course  shall  not  vary  the  duties  and 
obligations  of  the  respective  vessels. 

EuLE  24.  That  in  all  narrow  channels  where  there  is  a 
current,  and  in  the  rivers  Saint  Mary,  Saint  Clair,  De- 
troit, Niagara,  and  Saint  Lawrence,  when  two  steamers 
are  meeting,  the  descending  steamer  shall  have  the  right 
of  way,  and  shall,  before  the  vessels  shall  have  arrived 
within  the  distance  of  one-half  mile  of  each  other,  give 
the  signal  necessary  to  indicate  which  side  she  elects  to 
take. 

Rule  25.  In  all  channels  less  than  five  hundred  feet  in 
width,  no  steam  vessel  shall  pass  another  going  in  the 
same  direction  unless  the  steam  vessel  ahead  be  disabled 
or  signify  her  willingness  that  the  steam  vessel  astern 
shall  pass,  when  the  steam  vessel  astern  may  pass,  subject, 
however,  to  the  other  rules  applicable  to  such  a  situation. 
And  when  steam  vessels  proceeding  in  opposite  directions 
are  about  to  meet  in  such  channels,  both  such  vessels  shall 
be  slowed  down  to  a  moderate  speed,  according  to  the 
circumstances. 

Rule  26.  If  the  pilot  of  a  steam  vessel  to  which  a  pass- 
ing signal  is  sounded  deems  it  unsafe  to  accept  and  assent 
to  said  signal,  he  shall  not  sound  a  cross  signal;  but  in 
that  case,  and  in  every  case  where  the  pilot  of  one  steamer 
fails  to  understand  the  course  or  intention  of  an  approach- 
ing steamer,  whether  from  signals  being  giv€n  or  an- 
swered erroneously,  or  from  other  causes,  the  pilot  of  such 
steamer  so  receiving  the  first  passing  signal,  or  the  pilot 
so  in  doubt,  shall  sound  several  short  and  rapid  blasts  of 
the  whistle;  and  if  the  vessels  shall  have  approached 
within  half  a  mile  of  each  other  both  shall  reduce  their 
speed  to  bare  steerage  w^ay,  and,  if  necessary,  stop  and 
reverse. 

Rule  27.  In  obeying  and  construing  these  rules  due 
regard  shall  be  had  to  all  dangers  of  navigation  and  colli- 
sion and  to  any  special  circumstances  v>diich  may  render  a 
departure  from  the  above  rules  necessary  in  order  to 
avoid  immediate  danger. 

Rule  28.  Nothing  in  these  rules  shall  exonerate  any 
vessel,  or  the  owner  or  master  or  crew  thereof,  from  the 
consequences  of  any  neglect  to  carry  lights  or  signals,  or 
of  any  neglect  to  keep  a  proper  lookout,  or  of  a  neglect  of 


866  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

Great   Lakes  ^nj  precaution  whicli  may  be  required  by  the  ordinary 
rules.  practice  of  seamen,  or  by  the  special  circumstances  of  the 

case. 

Sec.  2.  \^  flne,  not  exceeding  t^o  hundred  dollars,  may  be  im- 

posed for  the  violation  of  any  of  the  provisions  of  this 
Act.  The  vessel  shall  be  liable  for  the  said  penalty,  and 
may  be  seized  and  proceeded  against,  by  wa}^  of  libel,  in 
the*^  district  court  of  the  United  States  for  any  district 
within  which  such  vessel  ma}^  be  found. 

Sec.  3.         ^       'pi-^g  Secretary  of  Commerce  and  Labor  of  the  United 

Sec.*  10^.'  ^^*^^  States  shall  have  authority  to  establish  all  necessary  regu- 
lations, not  inconsistent  with  the  provision  of  this  Act, 
required  to  carry  the  same  into  effect. 

The  Board  of  Supervising  Inspectors  of  the  United 
States  shall  have  authority  to  establish  such  regulations 
to  be  observed  by  all  steam  vessels  in  passing  each  other, 
not  inconsistent  with  the  provisions  of  this  Act,  as  they 
shall  from  time  to  time  deem  necessary;  and  all  regula- 
tions adopted  by  the  said  Board  of  Supervising  Inspectors 
under  the  authority  of  this  Act,  when  approved  by  the 
Secretary  of  Commerce  and  Labor,  shall  have  the  force  of 
law.  Two  printed  copies  of  any  such  regulations  for 
passing,  signed  by  them,  shall  be  furnished  to  each  steam 
vessel,  and  shall  at  all  times  be  kept  posted  up  in  conspic- 
uous places  on  board. 

Feb.  8,  1895.        j^n  ],j^.g  qj.  p^rts  of  laws,  so  far  as  applicable  to  the 
^^'  '  navigation  of  the  Great  Lakes  and  their  connecting  nud 

tributary  waters  as  far  east  as  ^Montreal,  inconsistent  ^vilh 
the  foregoing  rules  are  hereby  repealed. 

367.   E/ules  for  the  Red  River  of  the  North,  and  rivers  empty- 
ing' into  the  Gulf  of  Mexico,  and  their  tributaries. 

June  7, 1897.       Sections    forty-tv/o    hiiudred    thirty-three,    forty-four 
^^'  *  hundred  and  twelve  (with  the  regulations  made  in  pur- 

suance thereof,  except  the  rules  and  regulations  for  the 
government  of  pilots  of  steamers  navigating  the  Ked 
Eiver  of  the  Xorth  and  rivers  emptying  into  the  Gulf  of 
Mexico  and  their  tributaries,  and  except  the  rules  for  the 
Great  Lakes  and  their  connecting  and  tributary  waters  as 
far  east  as  Montreal),  and  fortj^-four  hundred  and  thir- 
teen of  the  Revised  Statutes  of.  the  United  States,  and 
chapter  two  hundred  and  two  of  the  laws  of  eighteen 
hundred  and  ninety-three,  and  sections  one  and  three  of 
chapter  one  hundred  and  two  of  the  laws  of  eighteen  hun- 
dred and  ninety-five,  and  sections  five,  twelve  and  thirteen 
of  the  Act  approved  ^larch  third,  eighteen  hundred  and 
ninety-seven,  entitled  "An  Act  to  amend  the  laws  relating 
to  navigation,"  and  all  amendments  thereto,  are  hereby 
repealed  so  far  as  the  harbors,  rivers,  and  inland  waters 
aforesaid  (except  the  Great  Lakes  and  their  connecting 
and  tributary  waters  as  far  east  as  Montreal  and  the  Red 
River  of  the  North,  and  rivers  emptying  into  the  Gulf  of 
Mexico,  and  their  tributaries)  are  concerned. 


PART    XXXIV. RULES   TO   PREVENT   COLLISIONS.  367 

The  folloAving  rules  for  preventing  collisions  on  the  ^^«stern  Riyer 
water  shall  be  followed  in  the  navigation  of  vessels  of  the  "^^^g  ^^33 
Navy  and  of  the  mercantile  marine  of  the  United  States :     '   " 

STEAM   AND   SAIL.  VESSELS. 

EuLE  ONE.  Every  steam  vessel  Avhich  is  under  sail  and  Mar.  3, 1905. 
not  under  steam  shall  be  considered  a  sail  vessel;  and   ^^^- 1^- 
every  steam  vessel  which  is  under  steam,  whether  under 
sail  or  not,  shall  be  considered  a  steam  vessel.    The  words 
steam    vessel    shall    include    any    vessel    propelled    by 
machiner}^ 

LIGHTS. 

Kule  two.  The  lights  mentioned  in  the  following  rules,  ^  ^■'  ^2^^' 
and  no  others,  shall  be  carried  in  all  weathers,  between 
sunset  and  sunrise. 

Rule  three.  All  ocean-going  steamers,  and  steamers  car- 
rying sail,  shall,  when  under  way,  carry — 
"^  (A)  At  the  foremast  head,  a  bright  white  light,  of  such 
a  character  as  to  be  visible  on  a  dark  night,  with  a  clear 
atmosphere,  at  a  distance  of  at  least  five  miles,  and  so  con- 
structed as  to  show  a  uniform  and  unbroken  light  over  an 
arc  of  the  horizon  of  twenty  points  of  the  compass,  and 
so  fixed  as  to  throw  the  light  ten  points  on  each  side  of 
the  vessel,  namely,  from  right  ahead  to  two  points  abaft 
the  beam  on  either  side. 

(B)  On  the  starboard  side,  a  green  light,  of  such  a 
character  as  to  be  visible  on  a  dark  night,  with  a  clear  >. 
atmosphere,  at  a  distance  of  at  least  two  miles,  and  so 
constructed  as  to  show  a  uniform  and  unbroken  light 
over  an  arc  of  the  horizon  of  ten  points  of  the  compass, 
and  so  fixed  as  to  throw  the  light  from  right  ahead  to  two 
points  abaft  the  beam  on  the  starboard  side. 

(C)  On  the  port  side,  a  red  light,  of  such  a  character 
as  to  be  visible  on  a  dark  night,  with  a  clear  atmosphere, 
at  a  distance  of  at  least  two  miles,  and  so  constructed  as  to 
show  a  uniform  and  unbroken  light  over  an  arc  of  the 
horizon  of  ten  points  of  the  compass,  and  so  fixed  as  to 
throw  the  light  from  right  ahead  to  two  points  abaft  the 
beam  on  the  port  side. 

The  green  and  red  lights  shall  be  fitted  with  inboard 
screens,  projecting  at  least  three  feet  forward  from  the 
lights,  so  as  to  prevent  tliem  from  being  seen  across  the 
bow. 

Rule  four.  Steam- vessels,  when  towing  other  vessels, 
shall  carry  two  bright  white  mast-head  lights  vertically, 
in  addition  to  their  side  lights,  so  as  to  distinguish  them 
from  other  steam- vessels.  Each  of  these  mast-head  lights 
shall  be  of  the  'same  character  and  construction  as  the 
m.ast-head  lights  prescribed  by  Rule  three. 

Rule  five.  All  steam-vessels,  other  than  ocean-going 
steamers  and  steamers  carrying  sail,  shall,  when  under 
way,  carry  on  the  starboard  and  port  side  lights  of  the 


368  NAVIGATIO]^   LAWS    OF    THE   UNITED    STATES. 

Western  River  game  character  and  construction  and  in  the  same  position 
''"^^''  as  are  prescribed  for  side-lights  by  Rule  three,  except  in 

the  case  provided  in  Rule  six. 

Rule  six.  River-steamers  navigating  waters  flowing 
into  the  Gulf  of  Mexico,  and  theii^tributaries,  shall  carry 
the  following  lights,  namely :  One  red  light  on  the  out- 
board side  of  the  port  smoke-pipe,  and  one  green  light  on 
the  outboard  side  of  the  starboard  smoke-pipe.  Such 
lights  shall  show  both  forward  and  abeam  on  their 
respective  sides. 

Rule  seven.  All  coasting  steam-vessels,  and  steam-ves- 
sels other  than  ferry-boats  and  vessels  otherwise  expressly 
provided  for,  navigating  the  bays,  lakes,  rivers,  or  other 
inland  waters  of  the  United  States,  except  those  men- 
tioned in  Rule  six,  shall  carry  the  red  and  green  lights, 
as  prescribed  for  ocean-going  steamers;  and,  in  addition 
thereto,  a  central  range  of  two  white  lights;  the  after 
lio'ht  beine:  carried  at  an  elevation  of  at  least  fifteen  fee 


above 


ing  carried  at  an  elevation  of  at  least  tifteen  feet 
the  light  at  the  head  of  the  vessel.  The  head  light 
shall  be  so  constructed  as  to  show  a  good  light  through 
twenty  points  of  the  compass,  namely :  from  right  ahead 
to  two  points  abaft  the  beam  on  either  side  of  the  vessel ; 
and  the  after-light  so  as  to  show  all  around  the  horizon. 

Mar.  3, 1893.  jhe  lights  for  ferryboats,  barges  and  canal  boats  when  in 
tow  of  steam  vessels  shall  be  regulated  l)v  such  rules  as 
the  Board  of  Supervising  Inspectors  of  Steam  Vessels 
shall  prescribe. 

R.  s.,  4233.  Rule  eight.  Sail-vessels,   under   way   or   being   towed, 

shall  carry  the  same  lights  as  steam-vessels  under  way, 
vv  ith  the  exception  of  the  white  mast-head  lights,  which 
they  shall  never  carry. 

Rule  nine.  ^A^ienever.  as  in  case  of  small  vessels  dur- 
ing bad  Aveather,  the  green  and  red  lights  cannot  be  fixed, 
these  lights  shall  be  kept  on  deck,  on  their  respective  sides 
of  the  vessel,  ready  for  instant  exhibition,  and  shall,  on 
the  approach  of  or  to  other  vessels,  be  exhibited  on  their 
respective  sides  in  sufficient  time  to  prevent  collision,  in 
such  manner  as  to  make  them  most  visible,  and  so  that  the 
green  light  shall  not  be  seen  on  the  port  side,  nor  the  red 
light  on  the  starboard  side.  To  make  the  use  of  these 
portable  lights  more  certain  and  easy,  they  shall  each  be 
painted  outside  with  the  color  of  the  light  they  respec- 
tively contain,  and  shall  be  provided  Vvith  suitable  screens. 
Rule  ten.  All  vessels,  whether  steam-vessels  or  sail-ves- 
sels, when  at  anchor  in  roadsteads  or  fairAvays,  shall,  be- 
tween sunset  and  sunrise,  exhibit  where  it  can  best  !^e 
seen,  but  at  a  height  not  exceeding  twenty  feet  above  the 
hull,  a  Avhite  light  in  a  globular  lantern  of  eight  inches 
in  diameter,  and  so  constructed  as  to  show  a  clear,  uni- 
form, and  unbroken  light,  visible  all  aroiTnd  the  horizon, 
and  at  a  distance  of  at  least  one  mile. 

Rule  eleven.  Sailing  pilot-vessels  shall  not  carry  the 
lights  required  for  other  sailing-vessels,  but  shall  carry  a 


PART  XXXIV. RULES    TO   PREVENT    COLLISIONS.  369 

white   light    at    the   mast-head,   visible   all   around   the  ^^^'stern  Rirer 
horizon,  and  shall  also  exhibit  a  flare-up  light  every  fif-  '"^'^^* 
teen  minutes. 

Steam  pilot  boats  shall,  in  addition  to  the  mast-head   n.  s.,  42.33. 
light  and  green  and  red  side  lights  required  for  ocean  ^i'^^"-^^'- 1897. 
steam  vessels,  carry  a  red  light  hung  vertically  from  three 
to  five  feet  above  the  foremast  headlight,  for  the  purpose 
of  distinguishing  such  steam  pilot  boats  from  other  steam 
vessels. 

Rule  twelve.  Coal-boats,  trading-boats,  produce-boats, 
canal-boats,  oyster-boats,  iishing-boats,  rafts,  or  other 
water-craft,  navigating  any  bay,  harbor,  or  river,  by 
hand-power,  horse  power,  sail,  or  by  the  current  of  the 
river,  or  which  shall  be  anchored  or  moored  in  or  near 
the  channel  or  fairwa}^  of  any  bay,  harbor,  or  river,  shall 
carry  one  or  more  good  white  lights,  which  shall  be 
placed  in  such  manner  as  shall  be  prescribed  by  the 
board  of  supervising  inspectors  of  steam- vessels  [but  Jnnei9,  I886. 
this  rule  shall  be  so  construed  as  not  to  require  row  boats  ^S^^  s^isos 
and  skiffs  on  the  river  St.  Lawrence  to  carry  lights]. 

Rule  thirteen.  Open  boats  shall  not  be  required  to  carry  R.  s.,  4233. 
the  side-lights  required  for  other  vessels,  but  shall,  if  they 
do  not  carry  such  lights,  carry  a  lantern  having  a  green 
slide  on  one  side  and  a  red  slide  on  the  other  side ;  and,  on 
the  approach  of  or  to  other  vessels,  such  lantern  shall  be 
exhibited  in  sufficient  time  to  prevent  collision,  and  in 
such  a  manner  that  the  green  light  shall  not  be  seen  on  the 
port  side,  nor  the  red  light  on  the  starboard  side.  Open 
boats,  when  at  anchor  or  stationary,  shall  exhibit  a  bright 
white  light.  They  shall  not,  however,  be  prevented  from 
using  a  flare-up,  in  addition,  if  considered  expedient. 

Rule  fourteen.  The  exhibition  of  any  light  on  board  of  k-  s-,4233. 
a  vessel  of  war  of  the  United  States  may  be  suspended  sec^i2  ^^^^' 
whenever,  in  the  opinion  of  the  Secretary  of  the  Navy,  the 
commander  in  chief  of  a  squadron,  or  the  commander  of  a 
vessel  acting  singty,  the  special  character  of  the  service 
may  require  it.  The  exhibition  of  any  light  on  board  of 
a  revenue  cutter  of  the  United  States  may  be  suspended 
whenever,  in  the  opinion  of  the  commander  of  the  vessel, 
the  special  character  of  the  service  may  require  it. 

Rule  fifteen.  Whenever  there  is  a  fog,  or  thick  weather,  R.  s.,  4233. 
whether  b}^  day  or  night,  fog  signals  shall  be  used  as  fol-  ^^'^^"j^g  ^^^^* 
lows:  (a)  Steam  vessels  under  Avay  shall  sound  a  steam 
T'histle  placed  before  the  funnel,  not  less  than  eight  feet 
from  the  deck,  at  intervals  of  not  more  than  one  minute. 
Steam  vessels,  when  towing,  shall  sound  three  blasts  of 
quick  succession  repeated  at  intervals  of  not  more  than 
one  minute,  (b)  Sail  vessels  under  way  shall  sound  a 
fog  horn  at  intervals  of  not  more  than  one  minute. 
(c)  Steam  vessels  and  sail  vessels,  when  not  under  way, 
shall  sound  a  bell  at  intervals  of  not  more  than  two 
minutes. 

96694°— 11 24 


370  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

Western   River      (J))   Coiil-boats,    tracliiig-boats,   produce-boats,   canal- 
''"^®^'  boats,  oj^ster-boats,  fishing-boats,  rafts,  or  other  water- 

craft,  navigating  any  bay,  harbor,  or  river,  by  hand- 
power,  horse-power,  sail,  or  by  the  current  of  the  river, 
or  anchored  or  moored  in  or  near  the  channel  or  fairway 
of  any  bay,  harbor,  or  river,  and  not  in  any  port,  shall 
sound  a  fog-horn,  or  equivalent  signal,  which  shall  make 
a  sound  equal  to  a  steam-whistle,  at  intervals  of  not  more 
than  two  minutes. 

STEERING  AND  SAILING  RULES. 


Sec.  12. 


R.  s.,  4233.  Eule  sixteen.  Risk  of  collision  can,  when  circumstances 
Mar.  8, 1897.  permit,  be  ascertained  by  carefully  watching  the  compass 
Sec.  12.  bearing  of  an  approaching  vessel.    If  the  bearing  does  not 

appreciably  change  such  risk  should  be  deemed  to  exist. 
R.  s.,  4233.  Rule  seventeen.  When  two  sailing  vessels  are  approach- 
Mar.  3,  1897.   [jyg  Qj^g  another,  so  as  to  involve  risk  of  collision,  one  of 

them  shall  keep  out  of  the  way  of  the  other,  as  follows, 

namely : 

(a)  A  vessel  which  is  running  free  shall  keep  out  of  the 
way  of  a  vessel  which  is  close-hauled. 

(b)  A  vessel  which  is  close-hauled  on  the  port  tack  shall 
keep  out  of  the  way  of  a  vessel  which  is  close-hauled  on 
the  starboard  tack. 

(c)  When  both  are  running  free,  with  the  wind  on 
different  sides,  the  vessel  which  has  the  wind  on  the  port 
side  shall  keep  out  of  the  way  of  the  other. 

(d)  When  both  vessels  are  running  free,  with  the  wind 
on  the  same  side,  the  vessel  which  is  to  the  windward  shall 
keep  out  of  the  way  of  the  vessel  which  is  to  the  leeward. 

(e)  A  vessel  which  has  the  wind  aft  shall  keep  out  of 
the  way  of  the  other  vessel. 

Rule  eighteen.  If  two  vessels  under  steam  are  meeting 
end  on,  or  nearly  end  on,  so  as  to  involve  risk  of  collision, 
the  helms  of  both  shall  be  put  to  port,  so  that  each  may 
pass  on  the  port  side  of  the  other. 

Rule  nineteen.  If  two  vessels  under  steam  are  crossing 
so  as  to  involve  risk  of  collision,  the  vessel  which  has  the 
other  on  her  own  starboard  side  shall  keep  out  of  the  way 
of  the  other. 

Rule  twenty.  If  two  vessels,  one  of  which  is  a  sail-vessel 
and  the  other  a  steam-vessel,  are  proceeding  in  such  direc- 
tions as  to  involve  risk  of  collision,  the  steam-vessel  shall 
keep  out  of  the  way  of  the  sail-vessel. 

Rule  twentj^-one.  Every  steam-vessel,  when  approaching 
another-  vessel,  so  as  to  involve  risk  of  collision,  shall 
slacken  her  speed,  or,  if  necessary,  stop  and  reverse;  and 
every  steam-vessel  shall,  when  in"  a  fog,  go  at  a  moderate 
speed. 

Rule  twenty-two.  Every  vessel  overtaking  any  other 
vessel  shall  keep  out  of  the  way  of  the  last-mentioned 
vessel. 


PART  XXXIV. RULES   TO   PREVENT   COLLISIONS.  371 

Rule  twenty-three.  Wliere,  by  Rules  seventeen,  nineteen,  w-stcm  uiver 
twenty,  and  twenty-two,  one  of  two  vessels  shall  keep  out  ^^^^'^' 
of  the  way,  the  other  shall  keep  her  course,  subject  to  the 
qualifications  of  Rule  twenty-four. 

Rule  twent3^-four.  In  construing  and  obeying  these 
rules,  due  regard  must  be  had  to  all  dangers  of  navigation, 
and  to  any  special  circumstances  which  ma}^  exist  in  any 
particular  case  rendering  a  departure  from  them  neces- 
sary in  order  to  avoid  immediate  danger. 

Rule  twenty-five.  A  sail  vessel  which  is  being  overtaken  R-  s.,  4233. 
by  another  vessel  during  the  night  shall  show  from  her  ^^'\^'-. 3  ^^^^' 
stem  to  such  last -mentioned  vessel  a  torch  or  a  flare-up 
light. 

Rule  twenty-six.  Nothing  in  these  rules  shall  exonerate 
any  ship,  or  the  owner,  or  master,  or  crew  thereof,  from 
the  consequences  of  any  neglect  to  carry  lights  or  signals, 
or  of  any  neglect  to  keep  a  proper  lookout,  or  of  the 
neglect  of  any  precaution  which  may  be  required  by  the 
ordinary  practice  of  seamen  or  by  the  special  circum- 
stances of  the  case. 

[The  board  of  supervising  inspectors  shall  establish  R  s.,  4412. 
such  regulations  to  be  observed  by  all  steam-vessels  in  y!!^' g\o.^^^' 
passing  each  other,  as  they  shall  from  time  to  time  deem  june  7,1897. 
necessary  for  safety;  two  printed  copies  of  such  regula-  sec. 5.' 
tions,  signed  by  them,  shall  be  furnished  to  each  of  such 
vessels,  and  shall  at  all  times  be  kept  posted  up  in  coh- 
spicuous  places  in  such  vessels.] 

[Every  pilot,  engineer,  mate,  or  master  of  any  steam-  ^  ^ '  ^^is. 
vessel  who  neglects  or  willfully  refuses  to  observe  the  g'^^^'  ^^^^* 
regulations  established   in   pursuance   of  the   preceding 
section,  shall  be  liable  to  a  penalty  of  fifty  dollars,  and  for 
all  damages  sustained  by  any  passenger,  in  his  person  or 
baggage,  by  such  neglect  or  refusal.] 
368,   River  navigation. 

On  any  steamers  navigating  rivers  only,  when,  from  R-  S-,  4487. 
darkness,  fog,  or  other  cause,  the  pilot  or  watch  shall  be 
of  opinion  that  the  navigation  is  unsafe,  or,  from  accident 
to  or  derangement  of  the  machinery  of  the  boat,  the  chief 
engineer  shall  be  of  the  opinion  that  the  further  naviga- 
tion of  the  vessel  is  unsafe,  the  vessel  shall  be  brought  to 
anchor,  or  moored  as  soon  as  it  can  prudently  be  done: 
Provided,  That  if  the  person  in  command  shall,  after  be- 
ing so  admonished  by  either  of  such  officers,  elect  to  pur- 
sue such  voyage,  he  may  do  the  same;  but  in  such  case 
both  he  and  the  owners  of  such  steamer  shall  be  answer- 
able for  all  damages  which  shall  arise  to  the  person  of  any 
passenger,  or  his  baggage,  from  such  causes  in  so  p  ^rsu- 
ing  the  voyage,  and  no  decree  of  care  or  diligence  shall  in 
such  case  be  held  to  justify  or  excuse  the  person  in  com- 
mand, or  the  owners. 


372  NAVIGATION  LAWS   OF  THE  UNITED  STATES. 

Mar.  6, 1896.    369.   Rules  for  the  St.  Marys  River. 

Apr.  26, 1906.  ^^^  Secretary  of  Commerce  and  Labor  be,  and  he 
hereby  is,  authorized  and  directed  to  adopt  and  prescribe 
suitable  rules  and  regulations  governing  the  movements 
and  anchorage  of  vessels  and  rafts  in  Saint  Marys  River 
from  Point  Iroquois,  on  Lake  Superior,  to  Point  Detour, 
on  Lake  Huron,  and  for  the  purpose  of  enforcing  the  ob- 
servance of  such  regulations  the  Secretary  of  the  Treasury 
is  hereby  authorized  to  detail  one  or  more  revenue  cutters 
for  duty  upon  the  request  of  the  Secretary  of  Commerce 
and  Labor  on  said  river. 
Mar.  6, 1896.  All  officers  of  the  Revenue- Cutter  Service  who  are  di- 
sec.  2.  rected  to  enforce  the  regulations  prescribed  by  the  above 

rules   are  hereby  empowered   and   directed,   in  case  of 
necessity,  or  when  a  proper  notice  has  been  disregarded,  to 
use  the  force  at  their  command  to  remove  from  channels 
or  stop  any  vessel  found  violating  the  prescribed  rules. 
Mar.  6, 1896.       In  the  event  of  the  violation  of  any  such  regulations 
?'^^26  1906  ^^  ^^^^^  ^^  ^^^  Secretary  of  Commerce  and  Labor  by 
Sec.  2.  '  tl^6  owners,  master,  or  person  in  charge  of  such  vessel, 

such  owners,  masters,  or  person  in  charge  shall  be  liable 
to  a  penalty  not  exceeding  two  hundred  dollars:  P7'o- 
vided,  That  the  Secretary  of  Commerce  and  Labor  may 
remit  said  fine  on  such  terms  as  he  may  prescribe:  Pro- 
vided also,  That  nothing  in  this  Act  shall  be  construed  to 
amend  or  repeal  the  Act  entitled  "An  Act  to  regulate 
navigation  on  the  Great  Lakes  and  their  connecting  and 
tributary  waters  as  far  east  as  Montreal,"  approved  Feb- 
ruary eighth,  eighteen  hundred  and  ninety-five. 
370.  Regattas  and  marine  parades. 
Apr.  28, 1908.  Xhe  Secretary  of  Commerce  and  Labor  is  hereby  author- 
ized and  empowered  in  his  discretion  to  issue  from  time 
to^  time  regulations,  not  contrary  to  law,  to  promote  the 
safety  of  life  on  navigable  waters  during  regattas  or 
marine  parades. 
Sec.  2.  To  enforce  such  regulations  the  Secretary  of  Commerce 

and  Labor  may  detail  any  public  vessel  in  the  service  of 
that  Department  and  make  use  of  any  private  vessel 
tendered  gratuitously  for  the  purpose,  or  upon  the  request 
of  the  Secretary  of  Commerce  and  Labor  the  head  of  any 
other  Department  may  enforce  the  regulations  issued 
under  this  Act  by  means  of  any  public  vessel  of  such 
Department  and  of  any  private  vessel  tendered  gratui- 
tously for  the  purpose. 
Sec.  3.  The  authority  and  power  bestowed  upon  the  Secretary 

of  Commerce  and  Labor  by  sections  one  and  two  may  be 
transferred  for  any  special  occasion  to  the  head  of 
another  Department  by  the  President  whenever  in  his 
judgment  such  transfer  is  desirable. 


PAKT   XXXIV. RULES   TO   PREVENT    COLLISIONS.  373 

For  any  violation  of  regulations  issued  pursuant  to  this   ^^^-  ■*• 
Act  the  following  penalties  shall  be  incurred : 

(a)  A  licensed  officer  shall  be  liable  to  suspension  or 
revocation  of  license  in  the  manner  now  prescribed  by- 
law for  incompetency  or  misconduct. 

(b)  Any  person  in  charge  of  the  navigation  of  a  vessel 
other  than  a  licensed  officer  shall  be  liable  to  a  penalty 
of  five  hundred  dollars. 

(c)  The  owner  of  a  vessel  ancluding  any  corporate 
officer  of  a  corporation  owning  the  vessel)  actually  on 
board  shall  be  liable  to  a  penalty  of  five  hundred  dollars, 
unless  the  violation  of  regulations  shall  have  occurred 
w  i  thout  his  know!  edge. 

(d)  Any  other  person  shall  be  liable  to  a  penalty  of 
two  hundred  and  fifty  dollars. 

The  Secretary  of  Commerce  and  Labor  is  hereby  author- 
ized and  empowered  to  mitigate  or  remit  any  penalty 
herein  provided  for  in  the  manner  prescribed  by  law  for 
the  mitigation  or  remission  of  penalties  for  violation  of 
the  navigation  laws. 


Part  XXXV.— AIDS  TO  NAVIGATION. 


371.  Assistance  by  United  States  ves- 

sels. 

372.  Removal  of  derelicts. 

373.  Lights  and  buoys. 

374.  Nautical  Almanac. 

375.  Charts  and  manuals. 


376.  Storms  and  weather  signals. 

377.  Meridians. 

378.  Private  signals. 

379.  Interference  with  range  lights. 

380.  Exemption  from  tolls. 


R.  S..  2759. 


R.  S.,  1530. 


371.  Assistance  by  United  States  vessels. 

The  revenue-cutters  on  the  northern  and  northwestern 
lakes,  when  put  in  commission,  shall  be  specially  charged 
with  aiding  vessels  in  distress  on  the  lakes. 

The  President  may,  when  the  necessities  of  the  service 
permit  it,  cause  any  suitable  number  of  pub'ic  vessels 
adapted  to  the  purpose  to  cruise  upon  the  coast  in  the  sea- 
son of  severe  weather  and  to  afford  such  aid  to  distressed 
navigators  as  their  circumstances  may  require;  and  such 
public  vessels  shall  go  to  sea  fully  prepared  to  render 
such  assistance. 

372.  Removal  of  derelicts. 

Oct.  31,  1893.  The  President  of  the  United  States  is  hereby  author- 
ized to  make  with  the  several  governments  interested  in 
the  navigation  of  the  North  Atlantic  Ocean  an  interna- 
tional agreement  providing  for  the  reporting,  marking, 
and  removal  of  dangerous  wrecks,  derelicts,  and  other 
menaces  to  navigation  in  the  North  Atlantic  Ocean  out- 
side the  coast  waters  of  the  respective  countries  bordering 
thereon. 

Mar.  3, 1005.  The  President  in  his  discretion  may  temporarily  detail 
any  vessel  or  vessels  of  the  Navy  to  remove  or  destroy 
derelicts  in  the  course  of  vessels  at  sea.  The  regulations 
to  govern  the  detail  and  service  of  said  vessels  shall  be 
prescribed  by  the  Secretary  of  the  Navy  and  approved  by 
the  President. 

May  12, 1906.  xhe  Secretary  of  the  Treasury  is  hereby  authorized  to 
have  constructed,  at  a  cost  not  to  exceed  two  hundred 
and  fifty  thousand  dollars,  a  steam  vessel  specially  fitted 
for  and  adapted  to  service  at  sea  in  bad  weather,  for  the 
purpose  of  blowing  up  or  otherwise  destroying  or  towing 
into  port  wrecks,  derelicts,  and  other  floating  dangers  to 
navigation,  said  vessel  to  be  operated  and  maintained  by 
the  Revenue-Cutter  Service  under  such  regulations  as  the 
Secretary  of  the  Treasury  may  prescribe. 

374 


PART   XXXV. AIDS    TO   NAVIGATION. 


375 


373.   Lights  and  buoys. 

The   Commissioner    of   Light-Houses   may,   when   he   ^'^^^ ^^"^^^j^q 
deems  it  necessary,  place  a  light-vessel,  or  other  suitable   g^°*^g_  ' 
warning  of  danger,  on  or  over  any  wreck  or  temporary 
o]:>struction  to  the  entrance  of  any  harbor,  or  in  the  chan- 
nel or  fairway  of  any  bay  or  sound. 

The    CommissioneV    of    Light-Houses    shall    properly   ^- ^•' l^Vom 
mark  all  pier-heads  belonging  to  the  United  States  sit-   gec'e!' 
uated  on  the  northern  and  northwestern  lakes,  whenever 
he  is  duly  notified  by  the  department  charged  with  the 
construction  or  repair  of  pier-heads  that  the  construction 
or  repair  of  any  such  pier-heads  has  been  completed. 

All  buoys  along  the  coast,  or  in  bays,  harbors,  sounds,  k.  s.,4678. 
or  channels,  shall  be  colored  and  numbered,  so  that  pass- 
in.g  up  the  coast  or  sound,  or  entering  the  bay,  harbor,  or 
channel,  red  buoys  with  even  numbers  shall  be  passed  on 
the  starboard  hand,  black  buoys  with  uneven  numbers  on 
the  port  hand,  and  buoys  Avith  red  and  black  stripes  on 
either  hand.  Buoys  in  channel-ways  shall  be  colored 
with  alternate  white  and  black  perpendicular  stripes. 


374.   Nautical  Almanac. 


May  13,  1902. 


Hereafter  the  "  usual  number  "  of  copies  of  the  Amer- 
ican Ephemeris  and  Nautical  Almanac  shall  not  be 
printed.  In  lieu  thereof  there  shall  be  printed  and  bound 
one  thousand  one  hundred  copies  of  the  same,  uniform 
with  the  editions  printed  for  the  Na^^  Department,  as 
provided  in  section  seventy-three,  paragraph  five,  of  an 
Act  approved  January  twelfth,  eighteen  hundred  and 
ninety-five,  providing  for  the  public  printing,  binding, 
and  distribution  of  public  documents ;  one  hundred  copies 
for  the  Senate,  four  hundred  for  the  House,  and  six  hun- 
dred for  the  Superintendent  of  Documents  for  distribu- 
tion to  State  and  Territorial  libraries  and  designated 
depositories. 
375.   Charts  and  manuals. 

There  shall  be  a  Hydrographic  office  attached  to  the  RS.,43i. 
Bureau,  of  Navigation  in  the  Navy  Department,  for  the 
improvement  of  the  means  for  navigating  safely  the  ves- 
sels of  the  Navy  and  of  the  mercantile  marine,  by  provid- 
ing, under  the  authority  of  the  Secretary  of  the  Navy, 
accurate  and  cheap  nautical  charts,  sailing  directions, 
navigators,  and  manuals  of  instructions  for  the  use  of  all 
vessels  of  the  United  States,  and  for  the  benefit  and  use  of 
navigators  generally. 

The  Secretary  of  the  Navy  is  authorized  to  cause  to  be  k-  s.,432. 
prepared,  at  the  Hydrographic  Office  attached  to  the  Bu- 
reau of  Navigation  in  the  Navy  Department,  maps,  charts, 
and  nautical  books  relating  to  and  required  in  navigation, 
and  to  publish  and  furnish  them  to  navigators  at  the  cost 
of  printing  and  paper,  and  to  purchase  the  plates  and 
copyrights  of  such  existing  maps,  charts,  navigators,  sail- 


376  KAVIGATION    LAWS    OF   THE   UNITED    STATES. 

ing  directions  and  instructions,  as  he  may  consider  neces- 
sary, and  Avhen  he  may  consider  it  expedient  to  do  so,  and 
under    such    regulations    and    instructions    as    he    may 
prescribe. 
R.  s.,  4691.  The  charts  published  by  the  Coast  Survey  shall  be  sold 

June  20, 1878.  ^^  ||-^g  q^iqq  at  Washington  at  the  jDrice  of  the  printing  and 
paper  thereof,  and  elsewhere  at  the  same  price  with  the 
average  cost  of  delivery  added  thereto;  and  hereafter 
there  shall  be  no  free  distribution  of  such  charts  except  to 
the  departments  of  the  United  States  and  to  the  several 
States  and  officers  of  the  United  States  requiring  them  for 
public  use. 
Mar.  3, 1879.  Senators,  Eepresentatives  and  Delegates  to  the  House 
of  Representatives  shall  each  be  entitled  to  not  more  than 
ten  charts  published  by  the  Coast  Survey  for  each  regular 
session  of  Congress. 

376.  storm  and  weather  signals.  * 

Oct.  1,  1890.       The  Chief  of  the  AVeather  Bureau,  under  the  direction 
Sec.  3.  ^^  ^1^^  Secretary  of  Agriculture,  on  and  after  July  first, 

eighteen  hundred  and  ninety-one,  shall  have  charge  of  the 
forecasting  of  weather,  the  issue  of  storm  warnings,  the 
display  of  weather  and  flood  signals  for  the  benefit  of 
agricidture,  commerce,  and  navigation,  the  gauging  and 
reporting  of  rivers,  the  maintenance  and  operation  o^  sea- 
coast  telegraph  lines  and  the  collection  and  transmission 
of  marine  intelligence  for  the  benefit  of  commerce  and 
navigation,  the  reporting  of  temperature  and  rain-fall 
conditions  for  the  cotton  interests,  the  display  of  frost 
and  cold-Avave  signals,  the  distribution  of  meteorological 
information  in  the  interests  of  agTiculture  and  commerce, 
and  the  taking  of  such  meteorological  observations  as  may 
be  necessary  to  establish  and  record  the  climatic  condi- 
tions of  the  United  States,  or  as  are  essential  for  the 
proper  execution  of  the  foregoing  duties. 

377.  Meridians. 

R.s.,435.  The  meridian  of  the  Observatory  at  Washington  shall 

be  adopted  and  used  as  the  American  meridian  for  all 
astronomical  purposes,  and  the  meridian  of  Greenwich 
shall  be  adopted  for  all  nautical  purposes. 

378.  Private  signals. 

May  ^28, 1908.  If  a  shipowner  desires  to  use  for  the  purpose  of  a  pri- 
vate code  any  rockets,  lights,  or  other  similar  signals,  he 
may  register  those  signals  and  house  flags  and  funnel 
marks  with  the  Commissioner  of  Navigation,  who  shall 
give  public  notice  from  time  to  time  of  the  signals,  house 
flags,  and  funneJ  nirrks  so  registered  in  such  manner  ms  lie 
may  think  requisite  for  preventing  those  signals  from 
being  mistaken  for  signals  of  distress  or  signals  for  pilots. 
The  Commissioner  of  Navigation  may  refuse  to  register 
any  signals  which  in  his  opinion  can  not  easily  be  distin- 
guished from  signals  of  distress,  signals  for  pilots,  or  sig- 
nals prescribed  by  laws  for  preventing  collisions.  ' 


PART   XXXV. AIDS    TO    NAVIGATION.  377 

379.  Interference  with  range  lights. 

It  shall  be  unlawful  for  any  person  to  obstruct  or  inter-  ^ay  14,  iocs, 
fere  with  any  aid  to  navigation  established  or  maintained  j^^/iy^  ^q^q 
iii  the  Light-House  Service  under  the  Bureau  of  Light- 
Houses,  or  to  anchor  any  vessel  in  any  of  the  navigable 
Avaters  of  the  United  States  so  as  to  obstruct  or  interfere 
with  range  lights  maintained  therein,  and  any  person 
violating  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  subject  to  a  fine  not  ex- 
ceeding the  sum  of  five  hundred  dollars  for  each  olTense, 
and  each  day  during  which  such  violation  shall  continue 
shall  be  considered  as  a  new  offense. 

380.  Exemption,  from  tolls. 

No  tolls  or  operating  charges  whatever  shall  be  levied  July  5, 1884. 
upon  or  collected  from  any  vessel,  dredge,  or  other  water  ^^^-  ^• 
craft  for  passing  through  any  lock,  canal,  canalized  river, 
or  other  work  for  the  use  and  benefit  of  navigation,  now 
belonging  to  the  United  States  or  that  may  be  hereafter  ^ar.^s,  i909. 
acquired  or  constructed. 


Part  XXXVI.— OBSTRUCTIONS  TO  NAVIGATION. 


381. 

382. 
383. 
384. 
385. 
386. 
387. 
388. 
389. 


Improvements  by  private  or  mu- 

390. 

nicipal  corporations. 

391. 

Bridges,  dams,  dil^es. 

392. 

General  obstructions. 

393. 

Harbor  lines. 

394. 

Penalties. 

395. 

Dumping  into  navigable  waters. 

Impairing  public  works. 

396. 

Obstructing  channels. 

397. 

Log  regulations. 

Penalties. 

Bridge  spans. 

Bridge  piers  and  abutments. 

Drawbridges. 

Sunken  wreck's. 

Speed   of  vessels — navigation  of 

canals. 
Potomac  River. 
Mississippi  River  passes. 


June  13,  1902. 


381.  Improvements  by  private  or  municipal  corporations. 

Any  person  or  persons,  corporations,  municipal  or  pri- 
vate, who  desire  to  improve  any  navigable  river,  or  any 
part  thereof,  at  their  or  its  own  expense  and  risk  may 
do  so  upon  the  approval  of  the  plans  and  specifications  of 
said  proposed  improvement  by  the  Secretary  of  AVar  and 
Chief  of  Engineers  of  the  Army.  The  plan  of  said  im- 
provement must  conform  with  the  general  plan  of  the 
Government  improvements,  must  not  impede  navigation, 
and  no  toll  shall  be  imposed  on  account  thereof,  and  said 
improvement  shall  at  all  times  be  under  the  control  and 
supervision  of  the  Secretary  of  War  and  Chief  of  Engi- 
neers. 

382.  Bridg-es,  dams,  dikes. 

Mar.  23, 1906.  "W^ieu,  hereafter,  authority  is  granted  by  Congress  to 
any  persons  to  construct  and  maintain  a  bridge  across  or 
over  any  of  the  navigable  waters  of  the  United  States, 
such  bridge  shall  not  be  built  or  commenced  until  the 
plans  and  specifications  for  its  construction,  together 
w^ith  such  drawings  of  the  proposed  construction  and  such 
map  of  the  proposed  location  as  may  be  required  for  a 
full  understanding  of  the  subject,  have  been  submitted 
to  the  Secretary  of  War  and  Chief  of  Engineers  for  their 
approval,  nor  until  they  shall  have  approved  such  plans 
and  specifications  and  the  location  of  such  bridge  and 
accessory  works;  and  when  the  plans  for  any  bridge  to 
be  constructed  under  the  provisions  of  this  Act  have  been 
approved  by  the  Chief  of  Engineers  and  by  the  Secretary 
of  War  it  shall  not  be  lawful  to  deviate  from  such  plans, 
eitlier  before  or  after  completion  of  the  structure,  unless 
the  modification  of  such  plans  has  previously  been  sub- 
mitted to  and  received  the  approval  of  the  Chief  of' 
Engineers  and  of  the  Secretary  of  War. 
378 


PART   XXXVI. OBSTEUCTIOXS   TO    NAVIGATION.  379 

No  bridge  erected  or  maintained  under  the  provisions  ^^c-  ^' 
of  this  Act  shall  at  any  time  unreasonably  obstruct  the 
free  navigation  of  the  waters  over  which  it  is  constructed, 
and  if  any  bridge  erected  in  accordance  with  the  provi- 
sions of  this  Act  shall,  in  the  opinion  of  the  Secretary  of 
War,  at  any  time  unreasonably  obstruct  such  naviga- 
tion, either  on  account  of  insufficient  height,  width  of 
span,  or  otherwise,  or  if  there  be  difficulty  in  passing  the 
draw  opening  or  the  draw  span  of  such  bridge  by  rafts, 
steamboats,  or  other  water  craft,  it  shall  be  the  duty  of 
the  Secretary  of  War,  after  giving  the  parties  interested 
reasonable  opportunity  to  be  heard,  to  notify  the  persons 
owning  or  controlling  such  bridge  to  so  alter  the  same  as 
to  render  navigation  through  or  under  it  reasonably  free, 
easy,  and  unobstructed,  stating  in  such  notice  the  changes 
required  to  be  made,  and  prescribing  in  each  case  a  rea- 
sonable time  in  which  to  make  such  changes,  and  if  at 
the  end  of  the  time  so  specified  the  changes  so  required 
have  not  been  made,  the  persons  owning  or  controlling 
such  bridge  shall  be  deemed  guilty  of  a  violation  of  this 
Act ;  and  all  such  alterations  shall  be  made  and  all  such 
obstructions  shall  be  removed  at  the  expense  of  the  per- 
sons owning  or  operating  said  bridge.  The  persons  own- 
ing or  operating  any  such  bridge  shall  maintain,  at  their 
own  expense,  such  "^ lights  and  other  signals  thereon  as 
the  Secretary  of  Commerce  and  Labor  shall  prescribe. 
If  the  bridge  shall  be  constructed  with  a  draw,  then  the 
draw  shall  be  opened  promptly  by  the  persons  owning 
or  operating  such  bridge  upon  reasonable  signal  for  the 
passage  of  boats  and  other  water  craft.  If  tolls  shall  be 
charged  for  the  transit  over  any  bridge  constructed  under 
the  provisions  of  this  Act,  of  engines,  cars,  street  cars, 
wagons,  carriages,  vehicles,  animals,  foot  passengers,  or 
other  passengers,  such  tolls  shall  be  reasonable  and  just, 
and  the  Secretary  of  War  may,  at  any  time,  and  from 
time  to  time,  prescribe  the  reasonable  rates  of  toll  for 
such  transit  over  such  bridge,  and  the  rates  so  prescribed 
shall  be  the  legal  rates  and  shall  be  the  rates  demanded 
and  received  for  such  transit. 

Any  persons  who  shall  fail  or  refuse  to  comply  with 
the  lawful  order  of  the  Secretary  of  War  or  the  Chief  of 
Engineers,  made  in  accordance  with  the  provisions  of 
this  Act,  shall  be  deemed  guilty  of  a  violation  of  this 
Act,  and  any  persons  who  shall  be  guilty  of  a  violation  of 
this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  punished  in  any  court  of  com- 
petent jurisdiction  by  a  fine  not  exceeding  five  thousand 
dollars,  and  every  month  such  persons  shall  remain  in 
default  shall  be  deemed  a  new  offense  and  subject  such 
persons  to  additional  penalties  therefor ;  and  in  addition 
to  the  penalties  above  described  the  Secretary  of  War 
and  the  Chief  of  Engineers  may,  upon  refusal  of  the  per- 
sons owning  or  controlling  any  such  bridge  and  accessory 


Sec.  5. 


380  NAVIGATION   LAWS    OF    THE   UNITED    STATES. 

works  to  compty  Avith  any  lawful  order  issued  by  the 
Secretary  of  War  or  Chief  of  Engineers  in  regard  thereto, 
cause  the  removal  of  such  bridge  and  accessory  works  at 
the  expense  of  the  persons  owning  or  controlling  such 
bridge,  and  suit  for  such  expense  may  be  brought  in  the 
name  of  the  United  States  against  such  persons,  and 
recovery  had  for  such  expense  in  any  court  of  competent 
jurisdiction;  and  the  removal  of  any  structures  erected 
or  maintained  in  violation  of  the  provisions  of  this  Act 
or  the  order  or  direction  of  the  Secretary  of  War  or  Chief 
of  Engineers  made  in  pursuance  thereof  may  be  enforced 
by  injunction,  mandamus,  or  other  summary  process, 
upon  application  to  the  circuit  court  in  the  district  in 
which  such  structure  may,  in  whole  or  in  part,  exist,  and 
proper  proceedings  to  this  end  may  be  instituted  under 
the  direction  of  the  Attorney-General  of  the  United 
States  at  tlie  request  of  the  Secretary  of  War;  and  in 
case  of  any  litigation  arising  from  any  obstruction  or 
alleged  obstruction  to  navigation  created  by  the  con- 
struction of  any  bridge  under  this  Act,  the  cause  or  ques- 
tion arising  may  be  tried  before  the  circuit  court  of  the 
United  States  in  any  district  which  any  portion  of  such 
obstruction  or  bridge  touches. 
June  21, 1906.  When  authority  has  been  or  may  hereafter  be  granted 
■  by  Congress,  either  directly  or  indirectly  or  by  any  official 
or  officials  of  the  United  States,  to  any  persons,  to  con- 
struct and  maintain  a  dam  for  water  power  or  other  pur- 
pose across  or  in  any  of  the  navigable  waters  of  the 
United  States,  such  dam  shall  not  be  built  or  commenced 
until  the  plans  and  specifications  for  such  dam  and  all 
accessory  works,  together  with  such  drawings  of  the  pro- 
posed construction  and  such  map  of  the  proposed  location 
as  may  be  required  for  a  full  understanding  of  the  sub- 
ject, have  been  submitted  to  the  Secretary  of  War  and 
the  Chief  of  Engineers  for  their  approval,  nor  until  they 
shall  have  approved  such  plans  and  specifications  and  the 
locntion  of  such  dam  and  accessory  works;  and  when  the 
plans  and  specifications  for  any  dam  to  be  constructed 
under  the  provisions  of  this  Act  have  been  approved  by 
the  Chief  of  Engineers  and  by  the  Secretary  of  War  it 
shall  not  be  lawful  to  deviate  "from  such  plans  or  specifi- 
cations either  before  or  after  completion  of  the  structure 
unless  the  modification  of  such  plans  or  specifications  has 
previously  been  submitted  to  and  received  the  approval 
of  the  Chief  of  Engineers  and  of  the  Secretary  of  War : 
Provided^^  That  in  approving  the  plans,  specifications, 
and  location  for  any  dam,  such  conditions  and  stipula- 
tions may  be  imposed  as  the  Chief  of  Engineers  and  the 
Secretary  of  War  may  deem  necessary  to  protect  the  pres- 
ent and  future  interests  of  the  United  States,  which  may 
include  the  condition  that  the  persons  constructing  or 


PART   XXXVI. OBSTRUCTIONS   TO    NAVIGATION.  381 

maintaining  such  dam  shall  construct,  maintain,  and 
operate,  without  expense  to  the  United  States,  in  connec- 
tion with  any  dam  and  accessory  or  appurtenant  works,  a 
lock  or  locks,  booms,  sluices,  or  any  other  structure  or 
structures  which  the  Secretary  of  War  and  the  Chief  of 
Engineers  or  Congress  at  any  time  may  deem  necessary 
in  the  interests  of  navigation,  in  accordance  with  such 
plans  as  they  may  approve,  and  also  that  whenever  Con- 
gress shall  authorize  the  construction  of  a  lock  or  other 
structures  for  navigation  purposes  in  connection  with  such 
dam,  the  persons  owning  such  dam  shall  convey  to  the 
United  States,  free  of  cost,  title  to  such  land  as  may  be 
required  for  such  constructions  and  approaches,  and  shall 
grant  to  the  United  States  free  water  power  or  power 
generated  from  water  power  for  building  and  operating 
such  constructions:  Provided  further^  That  in  acting 
upon  said  plans  as  aforesaid  the  Chief  of  Engineers  and 
the  Secretary  of  War  shall  consider  the  bearing  of  said 
structure  upon  a  comprehensive  plan  for  the  improve- 
ment of  the  waterway  over  which  it  is  to  be  constructed 
with  a  view  to  the  promotion  of  its  navigable  quality  and 
for  the  full  development  of  water  power;  and,  as  a  part 
of  the  conditions  and  stipulations  imposed  by  them,  shall 
provide  for  improving  and  developing  navigation,  and 
h.x  such  charge  or  charges  for  the  privilege  granted  as 
may  be  sufficient  to  restore  conditions  with  respect  to 
navigability  as  existing  at  the  time  such  privilege  be 
granted  or  reimburse  the  United  States  for  doing  the 
same,  and  for  such  additional  or  further  expense  as  may 
be  incurred  by  the  United  States  with  reference  to  such 
project,  including  the  cost  of  any  investigations  neces- 
sary for  approval  of  plans  and  of  such  supervision  of 
construction  as  may  be  necessary  in  the  interests  of  the 
United  States:  Provided  further,  That  the  Chief  of  En- 
gineers and  the  Secretary  of  War  are  hereby  authorized 
and  directed  to  fix  and  collect  just  and  proper  charge  or 
charges  for  the  privilege  granted  to  all  dams  authorized 
and  constructed  under  the  provisions  of  this  Act  which 
shall  receive  any  direct  benefit  from  the  construction,  op- 
eration, and  maintenance  by  the  United  States  of  storage 
reservoirs  at  the  headwaters  of  any  navigal^le  streams,  or 
from  the  acquisition,  holding,  and  maintenance  of  any 
forested  w^atershed,  or  lands  located  by  the  United  States 
at  the  headwaters  of  any  navigable  stream,  wherever  such 
shall  be,  for  the  development,  improvement,  or  preserva- 
tion of  navigation  in  such  streams  in  which  such  dams 
may  be  constructed. 

The  right  is  hereby  reserved  to  the  United  States  to    see.  2. 
construct,  maintain,  and  operate,  in  connection  with  any 
dam  built  in  accordance  with  the  provisions  of  this  Act, 
a  suitable  lock  or   locks,  booms,  sluices,  or   any  other 


382  NAVIGATION    LAWS   OP   THE   UNITED    STATES. 

structures  for  navigation  purposes,  and  at  all  times  to 
control  the  said  dam  and  the  level  of  the  pool  caused  by 
said  dam  to  such  an  extent  as  may  be  necessary  to  provide 
proper  facilities  for  navigation. 

^®^'^'  The  persons  constructing,  maintaining,  or  operating 

any  dam  or  appurtenant  or  accessory  works,  in  accord- 
ance with  the  provisions  of  this  Act,  shall  be  liable  for 
any  damage  that  may  be  inflicted  thereby  upon  private 
jDroperty,  either  by  overflow  or  otherwise.  The  persons 
owning  or  operating  any  such  dam,  or  accessory  works, 
subject  to  the  provisions  of  this  Act,  shall  maintain,  at 
their  own  expense,  such  lights  and  other  signals  thereon 
and  such  fishways  as  the  Secretary  of  Commerce  and 
Labor  shall  prescribe,  and  for  failure  so  to  do  in  any 
respect  shall  be  deemed  guilty  of  a  misdemeanor  and 
subject  to  a  fine  of  not  less  than  five  hundred  dollars,  and 
each  month  of  such  failure  shall  constitute  a  separate 
offense  and  subject  such  persons  to  additional  penalties 
therefor. 

Sec.  4.  j^ii  rights  acquired  under  this  Act  shall  cease  and  be 

determined  if  the  person,  company,  or  corporation  ac- 
quiring such  rights  shall,  at  any  tinie,  fail,  after  receiving 
reasonable  notice  thereof,  to  comply  with  any  of  the  pro- 
visions and  requirements  of  the  Act,  or  with  any  of  the 
stipulations  and  conditions  that  may  be  prescribed  as 
aforesaid  by  the  Chief  of  Engineers  and  the  Secretary 
of  War,  including  the  payment  into  the  Treasury  of  the 
United  States  of  the  charges  provided  for  by  section  one 
of  this  Act:  Provided,  That  Congress  may  revoke  any 
rights  conferred  in  pursuance  of  this  Act  whenever  it  is 
necessary  for  public  use,  and,  in  the  event  of  any  such 
revocation  by  Congress,  the  United  States  shall  pay  the 
owners  of  any  dam  and  appurtenant  works  built  under 
authority  of  this  Act,  as  full  compensation,  the  reasonable 
value  thereof,  exclusive  of  the  value  of  the  authority  or 
franchise  granted,  such  reasonable  value  to  be  determined 
by  mutual  agreement  between  the  Secretary  of  War  and 
the  said  owners,  and  in  case  they  can  not  agree,  then  by 
proceedings  instituted  in  the  United  States  circuit  court 
for  the  condemnation  of  such  properties:  And  provided 
also,  That  the  authority  granted  under  or  in  pursuance 
of  the  provisions  of  this  Act  shall  terminate  at  the  end 
of  a  period  not  to  exceed  fifty  years  from  the  date  of 
the  original  approval  of  the  project  under  this  Act,  unless 
sooner  revoked  as  herein  provided  or  Congress  shall 
otherwise  direct:  Provided,  however,  That  this  limitation 
shall  not  apply  to  any  corporation  or  individual  hereto- 
fore authorized  by  the  United  States,  or  by  any  State, 
to  construct  a  dam  in  or  across  a  navigable  waterway, 
upon  which  dam  expenditures  of  money  have  heretofore 
been  made  in  reliance  upon  such  grant  or  grants. 


PART   XXXVI. OBSTRUCTIONS   TO   NAVIGATION.  383 

Any  persons  who  shall  fail  or  refuse  to  comply  with  the  ^^^'  ^^ 
lawful  order  of  the  Secretary  of  War  and  the  Chief  of 
Engineers,  made  in  accordance  with  the  provisions  of 
this  Act,  shall  be  deemed  guilty  of  a  violation  of  this 
Act,  and  any  persons  who  shall  be  guilty  of  a  violation  of 
this  Act  shall  be  deemed  guilty  of  a  misdemeanor  and 
on  conviction  thereof  shall  be  punished  by  a  fine  not  ex- 
ceeding five  thousand  dollars,  and  every  month  such  per- 
sons shall  remain  in  default  shall  be  deemed  a  new  offense 
and  subject  such  persons  to  additional  penalties  therefor; 
and  in  addition  to  the  penalties  above  described  the  Sec- 
retary of  War  and  the  Chief  of  Engineers  may,  upon 
refusal  of  the  persons  owning  or  controlling  any  such 
dam  and  accessory  works  to  comply  with  any  lawful 
order  issued  by  the  Secretary  of  War  or  Chief  of  Engi- 
neers in  regard  thereto,  cause  the  removal  of  such  dam 
and  accessory  works  as  an  obstruction  to  navigation  at 
the  expense  of  the  persons  owning  or  controlling  such 
dam,  and  suit  for  such  expense  may  be  brought  in  the 
name  of  the  United  States  against  such  persons  and  recov- 
ery had  for  such  expense  in  any  court  of  competent  juris- 
diction. Said  provision  as  to  recovery  of  expense  shall 
not  apply  wherever  the  United  States  has  been  previ- 
ously reimbursed  for  such  removal;  and  the  removal  of 
any  structures  erected  or  maintained  in  violation  of  the 
provisions  of  this  Act  or  the  order  or  direction  of  the 
Secretary  of  War  or  the  Chief  of  Engineers  made  in  pur- 
suance thereof  may  be  enforced  by  injunction,  manda- 
mus, or  other  summary  process,  upon  application  to  the 
circuit  court  in  the  district  in  which  such  structure  may, 
in  whole  or  in  part,  exist,  and  proper  proceedings  to  this 
end  may  be  instituted  under  the  direction  of  the  Attorney- 
General  of  the  United  States  at  the  request  of  the  Chief 
of  Engineers  or  the  Secretary  of  War;  and  in  case  of 
any  litigation  arising  from  any  obstruction  or  alleged 
obstruction  to  navigation  created  by  the  construction  of 
any  dam  under  this  Act  the  cause  or  question  arising 
may  be  tried  before  the  circuit  court  of  the  United  States 
in  any  district  in  which  any  portion  of  said  obstruction 
or  dam  touches. 

It  shall  not  be  lawful  to  construct  or  commence  the  con-  Mar.  3,  i899 
struction  of  any  bridge,  dam,  dike,  or  causeway  oyer  or  ^®^'^- 
in  any  port,  roadstead,  haven,  harbor,  canal,  navigable 
river,  or  other  navigable  water  of  the  United  States  until 
the  consent  of  Congress  to  the  building  of  such  structures 
shall  have  been  obtained  and  until  the  plans  for  the  same 
shall  have  been  submitted  to  and  approved  by  the  Chief 
of  Engineers  and  by  the  Secretary  of  War:  Provided, 
That  such  structures  may  be  built  under  authority  of  the 
legislature  of  a  State  across  rivers  and  other  waterways 
the  navigable  portions  of  which  lie  wholly  within  the 


384  NAVIGATION    LAWS    OF    THE   UNITED    STATES. 

limits  of  a  single  State,  provided  the  location  and  plans 
thereof  are  submitted  to  and  approved  by  the  Chief  of 
Engineers  and  by  the  Secretary  of  War  before  construc- 
tion is  commenced:  And  provided  further^  That  when 
plans  for  any  bridge  or  other  structure  have  been  ap- 
proved by  the  Chief  of  Engineers  and  by  the  Secretary 
of  A¥ar,  it  shall  not  be  lawful  to  deviate  from  such  plans 
either  before  or  after  completion  of  the  structure  unless 
the  modification  of  said  plans  has  previously  been  sub- 
mitted to  and  received  the  approval  of  the  Chief  of  Engi- 
neers and  of  the  Secretary  of  War. 

383.  General  obstructions. 

Mar  3, 1S99.  xhe  creation  of  any  obstruction  not  affirmatively  au- 
thorized by  Congress,  to  the  navigable  capacity  of  any  of 
the  waters  of  the  United  States  is  hereby  prohibited; 
and  it  shall  not  be  lawful  to  build  or  commence  the  build- 
ing of  any  wharf,  pier,  dolphin,  boom,  weir,  breakwater, 
bulkhead,  jetty,  or  other  structures  in  any  port,  roadstead, 
haven,  harbor,  canal,  navigable  river,  or  other  water  of 
the  United  States,  outside  established  harbor  lines,  or 
where  no  harbor  lines  have  been  established,  except  on 
l^lans  recommended  by  the  Chief  of  Engineers  and  au- 
thorized by  the  Secretary  of  War;  and  it  shall  not  be 
lawful  to  excavate  or  fill,  or  in  any  manner  to  alter  or 
modify  the  course,  location,  condition,  or  capacity  of,  any 
port,  roadstead,  haven,  harbor,  canal,  lake,  harbor  of 
refuge,  or  inclosure  within  the  limits  of  any  breakwater, 
or  of  the  channel  of  any  navigable  water  of  the  United 
States,  unless  the  work  has  been  recommended  by  the 
Chief  of  Engineers  and  authorized  by  the  Secretary  of 
War  prior  to  beginning  the  same. 

384.  Harbor  lines. 

Se^Vi  ^^^^'       "^^'here  it  is  made  manifest  to  the  Secretary  of  War  that 
^^'     *  the  establishment  of  harbor  lines  is  essential  to  the  pres- 

ervation and  protection  of  harbors  he  may,  and  is  hereby, 
authorized  to  cause  such  lines  to  be  established,  beyond 
which  no  piers,  wharves,  bulkheads,  or  other  works  shall 
be  extended  or  deposits  made,  except  under  such  regula- 
tions as  may  be  prescribed  from  time  to  time  by  him : 
Provided^  That  Avhenever  the  Secretary  of  AVar  grants  to 
any  person  or  persons  permission  to  extend  piers,  wharves, 
bulkheads,  or  other  works,  or  to  make  deposits  in  any 
tidal  harbor  or  river  of  the  United  States  beyond  any 
harbor  lines  established  under  authority  of  the  Unitecl 
States,  he  shall  cause  to  be  ascertained  the  amount  of  tid^ 
water  displaced  by  any  such  structure  or  by  any  such  de- 
posits, and  he  shall,  if  he  deem  it  necessary,  require  the 
parties  to  whom  the  permission  is  given  to  make  com- 
pensation for  such  displacement  either  by  excavating  in 
some  part  of  the  harbor,  including  tide-water  channels 
between  high  and  low  water  niark^  to  such  an  extent  as  to 


PART   XXXVI. OBSTRUCTIONS   TO    NAVIGATION.  385 

create  a  basin  for  as  much  tide  water  as  may  be  displaced 
by  such  structure  or  by  such  deposits,  or  in  any  other 
mode  that  may  be  satisfactory  to  him.  Provided,  That 
all  such  dredging  or  other  improvement  shall  be  carried 
on  under  the  direction  of  the  Secretary  of  War,  and  shall 
in  no  wise  injure  any  existing  channels. 

385.  Penalties. 

Every  person  and  every  corporation  that  shall  violate  ^^^^'-  ^'  i^^^- 
any  of  the  provisions  of  sections  nine,  ten,  and  eleven  of  ^^*^-^^- 
this  Act,  or  any  rule  or  regulation  made  by  the  Secretary 
of  War  in  pursuance  of  the  provisions  of  the  said  section 
fourteen,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  not  exceed- 
ing twenty-five  hundred  dollars  nor  less  than  five  hundred 
dollars,  or  by  imprisonment  (in  the  case  of  a  natural  per- 
son) not  exceeding  one  J^ear,  or  by  both  such  punishments, 
in  the  discretion  of  the  court.  And  further,  the  removal 
of  any  structures  or  parts  of  structures  erected  in  viola- 
tion of  the  provisions  of  the  said  sections  ma}^  be  enforced 
by  the  injunction  of  any  circuit  court  exercising  jurisdic- 
tion in  any  district  in  which  such  structures  may  exist, 
and  proper  proceedings  to  this  end  may  be  instituted 
under  the  direction  of  the  Attorney-General  of  the  United 
States.  The  continuance  of  any  such  obstruction,  except 
bridges,  piers,  docks  and  wharves,  and  similar  structures 
erected  for  business  purposes,  whether  heretofore  or  here- 
after created,  shall  constitute  an  offense  and  each  week's 
continuance  of  any  such  obstruction  shall  be  deemed  a 
separate  offense. 

386.  Dumping"  into  navigable  waters. 

It  shall  not  be  lawful  to  throw,  discharge,  or  deposit,  J^^^-,^^' ^^^^• 
or  cause,  suffer,  or  procure  to  be  thrown,  discharged,  or 
deposited  either  from  or  out  of  any  ship,  barge,  or  other 
floating  craft  of  any  kind,  or  from  the  shore,  wharf,  man- 
ufacturing establishment,  or  mill  of  any  ]?^ind,  any  refuse 
matter  of  any  kind  or  description  whatever  other  than  that 
flowing  from  streets  and  sewers  and  passing  therefrom  in  a 
liquid  state,  into  any  navigable  water  of  the  United  States, 
or  into  any  tributary  of  any  navigable  water  from  which 
the  same  shall  float  or  be  Avashed  into  such  navignble 
water ;  and  it  shall  not  be  lawful  to  deposit,  or  cause,  suf- 
fer, or  procure  to  be  deposited  materinl  of  any  Iciud  in  any 
place  on  the  bank  of  any  navigable  water,  or  on  the  bank  of 
any  tributary  of  any  navigable  water,  where  the  same 
shall  be  liable  to  be' washed  into  such  navigable  water, 
eitlier  by  ordinary  or  high  tides,  or  by  storms  or  floods, 
or  otherwise,  whereby  navigation  shall  or  may  be  impeded 
or  obstructed:  Provided^  That  nothing  herein  contained 
shall  extend  to,  apply  to,  or  prohibit  the  operations  in 
connection  with  the  improvement  of  navigable  waters  or 
construction  of  public  works,  considered  necessary  and 

9GG94°— 11 25 


Sec.  13. 


386  NAVIGATION    LAWS    OF    THE   UNITED    STATES. 

proper  by  the  United  States  officers  supervising  such  im- 
provement or  public  work:  And  provided  further^  That 
the  Secretary  of  War,  whenever  in  the  judgment  of  the 
Chief  of  Engineers  anchorage  and  navigation  will  not  be 
injured  thereb3\  may  permit  the  deposit  of  any  material 
above  mentioned  in  navigable  waters,  within  limits  to  be 
defined  and  under  conditions  to  be  prescribed  by  him,  pro- 
vided application  is  made  to  him  prior  to  depositing  such 
material ;  and  whenever  any  permit  is  so  granted  the 
conditions  thereof  shall  be  strictly  complied  with,  and 
any  violation  thereof  shall  be  unlawful. 
Mar.  3, 1905.  The  Secretary  of  War  is  hereb}"  authorized  and  empow- 
sec.  4.  gj^g^  ^Q  prescribe  regulations  to  govern  the  transportation 

and  dumping  into  any  navigable  water,  or  waters  ad- 
jacent thereto,  of  dredgings,  earth,  garbage,  and  other 
refuse  materials  of  every  kind  or  description,  whenever  in 
his  judgment  such  regulations  are  required  in  the  interest 
of  navigation.  Such  regulations  shall  be  posted  in  con- 
spicuous and  appropriate  places  for  the  information  of 
the  public;  and  every  person  or  corporation  which  shall 
violate  the  said  regulations,  or  any  of  them,  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall  be  subject  to 
the  penalties  prescribed  in  section  sixteen  of  the  river  and 
harbor  Act  of  March  third,  eighteen  hundred  and  ninety- 
nine,  for  violation  of  the  provisions  of  section  thirteen  of 
the  said  Act:  Provided^  That  any  regulations  made  in 
pursuance  hereof  may  be  enforced  as  provided  in  section 
seventeen  of  the  aforesaid  Act  of  March  third,  eighteen 
hundred  and  ninety-nine,  the  provisions  whereof  are 
hereby  made  aj^plicable  to  the  said  regulations:  Provided 
further^  That  this  section  shall  not  apply  to  any  waters 
within  the  jurisdictional  boundaries  of  any  State  which 
are  now  or  may  hereafter  be  used  for  the  cultivation  of 
oysters  under  the  laws  of  such  State,  except  navigable 
channels  which  have  been  or  may  hereafter  be  imj^roved 
by  the  United  States,  or  to  be  designated  as  navigable 
channels  by  competent  authority,  and  in  making  sucli 
improvements  of  channels,  the  material  dredged  shall  not 
be  deposited  upon  any  ground  in  use  in  acordance  with 
the  laws  of  such  State  for  the  cultivation  of  oj^sters. 
except  in  compliance  with  said  laws:  And  provided  fur- 
ther^ That  any  expense  necessary  in  executing  this  sec- 
tion may  be  paid  from  funds  available  for  the  improve- 
ment of  the  harbor  or  waterway,  for  Avhich  regulations 
may  be  prescribed,  and  in  case  no  such  .funds  are  availa- 
ble the  said  expense  may  be  paid  from  appropriations 
made  by  Congress  for  examinations,  surveys,  and  con- 
tingencies of  rivers  and  harbors. 
June  23, 1910.  It  shall  not  be  lawful  to  throAV,  discharge,  dump,  or 
deposit,  or  cause,  suffer,  or  procure,  to  be  thrown,  dis- 
charged, dumped,  or  deposited,  any  refuse  matter  of  any 


PAKT   XXXVI. OBSTRUCTIONS   TO   NAVIGATION.  387 

kind  or  description  whatever  other  than  that  flowing 
from  streets  and  sewers  and  passing  therefrom  in  a  liquid 
state  into  Lake  Michigan,  at  any  point  opposite  or  in 
front  of  the  count}^  of  Cook,  in  the  State  of  Illinois,  or 
the  county  of  Lake  in  the  State  of  Indiana,  within  eight 
miles  from  the  shore  of  said  lake,  unless  said  material 
shall  be  placed  inside  of  a  breakwater  so  arranged  as  not 
to  permit  the  escape  of  such  refuse  material  into  the  body 
of  the  lake  and  cause  contamination  thereof;  and  no 
officer  of  the  Government  shall  dump  or  cause  or  author- 
ize to  be  dumped  any  material  contrary  to  the  provisions 
of  this  Act:  Provided,  however^  That  the  provisions  of 
this  Act  shall  not  apply  to  work  in  connection  with  the 
construction,  repair,  and  protection  of  breakwaters  and 
other  structures  built  in  aid  of.  navigation,  or  for  the 
purpose  of  obtaining  water  supply.  Any  person  violat- 
ing any  provision  of  this  Act  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  fined  for 
each  offense  not  exceeding  one  thousand  dollars. 
387.   Impairing-  public  works. 

It  shall  not  be  lawful  for  any  person  or  persons  to  take  ^^^'^^  ^^^^' 
possession  of  or  make  use  of  for  any  purpose,  or  build 
upon,  alter,  deface,  destroy,  move,  injure,  obstruct  by 
fastening  vessels  thereto  or  otherwise,  or  in  any  manner 
whatever  impair  the  usefulness  of  any  sea  wall,  bulkhead, 
jetty,  dike,  levee,  wharf,  pier,  or  other  work  built  by  the 
United  States,  or  any  piece  of  plant,  floating  or  otherwise, 
used  in  the  construction  of  such  work  under  the  control  of 
the  United  States,  in  whole  or  in  part,  for  the  preserva- 
tion and  improvement  of  any  of  its  navigable  waters  or 
to  prevent  floods,  or  as  boundary  marks,  tide  gauges,  sur- 
veying stations,  buoys,  or  other  established  marks,  nor 
remove  for  ballast  or  other  purposes  any  stone  or  other 
material  composing  such  works:  Provided^  That  the  Sec- 
retary of  War  may,  on  the  recommendation  of  the  Chief 
of  Engineers,  grant  permission  for  the  temporary  occupa- 
tion or  use  of  any  of  the  aforementioned  public  works 
when  in  his  judgment  such  occupation  or  use  will  not  be 
injurious  to  the  public  interest. 
388.   Obstructing  channels. 

It  shall  not  be  lawful  to  tie  up  or  anchor  vessels  or  Mar.  3, 1899. 
other  craft  in  navigable  channels  in  such  a  manner  as  to  ^^^-  ■^^• 
prevent  or  obstruct  the  passage  of  other  vessels  or  craft; 
or  to  voluntarily  or  carelessly  sink,  or  permit  or  cause  to 
be  sunk,  vessels' or  other  craft  in  navigable  channels;  or 
to  float  loose  timber  and  logs,  or  to  float  what  is  known  as 
sack  rafts  of  timber  and  logs  in  streams  or  channels  actu- 
ally navigated  by  steamboats  in  such  manner  as  to  ob- 
struct, impede,  or  endanger  navigation.  And  whenever  a 
vessel,  raft,  or  other  craft  is  wrecked  and  sunk  in  a  navi- 


388  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

gable  channel,  accidentally  or  otherwise,  it  shall  be  the 
duty  of  the  owner  of  such  sunken  craft  to  immediately 
mark  it  with  a  buoy  or  beacon  during  the  day  and  a 
lighted  lantern  at  night,  and  to  maintain  such  marks  until 
the  sunken  crafb  is  removed  or  abandoned,  and  the  neglect 
or  failure  of  the  said  owner  so  to  do  shall  be  unlawful ; 
and  it  shall  be  the  duty  of  the  owner  of  such  sunken  craft 
to  commence  the  immediate  removal  of  the  same,  and 
prosecute  such  removal  diligentl}^,  and  failure  to  do  so 
shall  be  considered  as  an  abandonment  of  such  craft,  and 
subject  the  same  to  removal  by  the  United  States  as 
hereinafter  provided  for. 
389.    Log"  regulations. 

May  9, 1900.  jj^^  prohibition  contained  in  section  fifteen  of  the  river 
and  harbor  Act,  approved  March  third,  eighteen  hundred 
and  ninety-nine,  against  floating  loose  timber  and  logs,  or 
sack  rafts,  so-called,  of  timber  and  logs  in  streams  or 
channels  actually  navigated  by  steamboats,  shall  not  ap- 
ply to  any  navigable  river  or  waterway  of  the  United 
States  or  any  part  thereof  whereon  the  floating  of  loose 
timber  and  logs  and  sack  rafts  of  timber  and  logs  is  the 
principal  method  of  navigation.  But  such  method  of 
navigation  on  such  river  or  waterway  or  part  thereof 
shall  be  subject  to  the  rules  and  regulations  prescribed  by 
the  Secretary  of  War  as  hereinafter  provided. 

Sec. 2.  xhe   Secretary   of  War  shall   have  power,  and  he   is 

hereby  authorized  and  directed,  within  the  shortest  prac- 
ticable time  after  the  passage  hereof,  to  prescribe  rules 
and  regulations,  which  he  may  at  any  time  modify,  to 
govern  and  regulate  the  floating  of  loose  timber  and  logs, 
and  sack  rafts,  (so  called)  of  timber  and  logs  and  other 
methods  of  navigation  on  the  streams  and  waterways,  or 
any  thereof,  of  the  character,  as  to  navigation,  in  section 
one  hereof  described.  The  said  rules  and  regulations  shall 
be  so  framed  as  to  equitably  adjust  conflicting  interests  be- 
tween the  different  methods  or  forms  of  navigation ;  and 
the  said  rules  and  regulations  shall  be  published  at  least 
once  in  such  newspaper  or  newspapers  of  general  circu- 
lation as  in  the  oi^inion  of  the  Secretary  of  War  shall  be 
best  adapted  to  give  notice  of  said  rules  and  regulations 
to  persons  affected  thereby  and  locally  interested  therein. 
And  all  modifications  of  said  rules  and  regiilations  shall 
be  similarly  published.  And  such  rules  and  regulations 
when  so  prescribed  and  published  as  to  any  such  stream 
or  waterway  shall  have  the  force  of  law,  and  any  viola-' 
tion  thereof  shall  be  a  misdemeanor,  and  every  person 
convicted  of  such  violation  shall  be  punished  by  a  fine  of 
not  exceeding  two  thousand  five  hundred  dollars  nor  less 
than  five  hundred  dollars,  or  by  imprisonment  (in  case  of 
a  natural  person)  for  not  less  than  thirty  days  nor  more 
than  one  year,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court :  Provided^  That  the  proper 
action  to  enforce  the  provisions  of  this  section  may  be 


Sec.  4. 


Mar.  3,  1899. 
Sec.  16. 


PART   XXXVI. OBSTRUCTIONS   TO    NAVIGATION.  389 

commenced  before  any  commissioner,  judge,  or  court  of 
the  United  States,  and  such  commissioner,  judge  or  court 
shall  proceed  in  respect  thereto  as  authorized  by  law  in 
the  case  of  crimes  or  misdemeanors  committed  against  the 
United  States. 

The  right  to  alter,  amend,  or  repeal  this  Act  at  any 
time  is  hereby  reserved. 

This  Act  shall  not,  nor  shall  any  rules  or  regulations  p^^"-  3. 
prescribed  thereunder,  in  any  manner  affect  any  civil  ac- 
tion or  actions  heretofore  commenced  and  now  pending 
to  recover  damages  claimed  to  have  been  sustained  by 
reason  of  the  violation  of  any  of  the  terms  of  said  section 
fifteen,  as  originally  enacted,  or  in  violation  of  any  other 
law. 
390.   Penalties. 

Every  person  and  every  corporation  that  shall  violate, 
or  that  shall  knowingly  aid,  abet,  authorize,  or  instigate  a 
violation  of  the  provisions  of  sections  thirteen,  fourteen, 
and  fifteen  of  this  Act  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  twenty-five  hundred  dollars  nor  less  than  five 
hundred  dollars,  or  by  imprisonment  (in  the  case  of  a 
natural  person)  for  not  less  than  thirty  days  nor  more 
than  one  year,  or  by  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court,  one-half  of  said  fine  to  be 
paid  to  the  person  or  persons  giving  information  which 
shall  lead  to  conviction.  And  any  and  every  master, 
pilot,  and  engineer,  or  person  or  persons  acting  in  such 
capacity,  respectively,  on  board  of  any  boat  or  vessel  who 
sliall  knowingly  engage  in  towing  any  scow,  boat,  or  ves- 
sel loaded  with  any  material  specified  in  section  thirteen 
of  this  Act  to  any  point  or  place  of  deposit  or  discharge 
in  any  harbor  or  navigable  water,  elsewhere  than  within 
the  limits  defined  and  permitted  by  the  Secretary  of  War, 
or  who  shall  willfully  injure  or  destroy  any  work  of  the 
United  States  contemplated  in  section  fourteen  of  this 
Act,  or  who  shall  willfully  obstruct  the  channel  of  any 
watervray  in  the  manner  contemplated  in  section  fifteen 
of  this  Act,  shall  be  deemed  guilty  of  a  violation  of  this 
Act,  and  shall  upon  conviction  be  punished  as  hereinbe- 
fore provided  in  this  section,  and  shall  also  have  his 
license  revoked  or  suspended  for  a  term  to  be  fixed  by  the 
judcre  before  whom  tried  and  convicted.  And  any  boat, 
vessel,  scow,  raft,  or  other  craft  used  or  employed  in  vio- 
lating anv  of  the  provisions  of  sections  thirteen,  fourteen, 
and  fifteen  of  this  Act  shall  be  liable  for  the  pecuniary 
penalties  specified  in  this  section,  and  in  addition  thereto 
for  the  amount  of  the  damages  done  by  said  boat,  vessel, 
scow,  raft,  or  other  craft,  which  latter  sum  shall  be  placed 
to  the  credit  of  the  appropriation  for  the  improvement  of 
the  harbor  or  waterway  in  which  the  damage  occurred, 
and  said  boat,  vessel,  scow,  raft,  or  other  craft  may  be 


Sec.  17. 


390  NAVIGATION   LAWS   OF   THE   UNITED    STATES. 

proceeded  against  summarily  by  way  of  libel  in  any  dis- 
trict court  of  the  United  States  having  jurisdiction  thereof. 
^^I'l^'^  ^^^^'  "^^^  Department  of  Justice  shall  conduct  the  legal  pro- 
ceedings necessary  to  enforce  the  foregoing  provisions  of 
sections  nine  to  sixteen,  inclusive,  of  this  Act ;  and  it  shall 
be  the  duty  of  district  attorneys  of  the  United  States  to 
vigorously  prosecute  all  offenders  against  the  same  when- 
ever requested  to  do  so  by  the  Secretary  of  War  or  by  any 
of  the  officials  hereinafter  designated,  and  it  shall  further- 
more be  the  duty  of  said  district  attorneys  to  report  to  the 
Attorney-General  of  the  United  States  the  action  taken 
by  him  against  offenders  so  reported,  and  a  transcript  of 
such  reports  shall  be  transmitted  to  the  Secretary  of  War 
by  the  Attorney-General ;  and  for  the  better  enforcement 
of  the  said  provisions  and  to  facilitate  the  detection  and 
bringing  to  punishment  of  such  offenders,  the  officers  and 
agents  of  the  United  States  in  charge  of  river  and  harbor 
improvements,  and  the  assistant  engineers  and  inspectors 
employed  under  them  by  authority  of  the  Secretary  of 
War,  and  the  United  States  collectors  of  customs  and 
other  revenue  officers  shall  have  power  and  authority  to 
swear  out  process  and  to  arrest  and  take  into  custody,  with 
or  without  process,  any  person  or  persons  who  may  com- 
mit any  of  the  acts  or  offenses  prohibited  by  the  aforesaid 
sections  of  this  Act,  or  who  may  violate  any  of  the  provi- 
sions of  the  same:  Provided^  That  no  person  shall  be 
arrested  without  process  for  any  offense  not  committed  in 
the  presence  of  some  one  of  the  aforesaid  officials:  And 
provided  further.  That  whenever  any  arrest  is  made  under 
the  provisions  of  this  Act,  the  person  so  arrested  shall  be 
brought  forthwith  before  a  commissioner,  judge,  or  court 
of  the  United  States  for  examination  of  the  offenses 
alleged  against  him;  and  such  commissioner,  judge,  or 
court  shall  proceed  in  respect  thereto  as  authorized  by  law 
in  case  of  crimes  against  the  United  States. 
391.   Bridge  spans. 

Whenever  the  Secretary  of  War  shall  have  good  reason 
to  believe  that  any  railroad  or  other  bridge  now  con- 
structed, or  which  may  hereafter  be  constructed,  over  any 
of  the  navigable  waterways  of  the  United  States  is  an 
unreasonable  obstruction  to  the  free  navigation  of  such 
waters  on  account  of  insufficient  height,  width  of  span,  or- 
otherwise,  or  where  there  is  difficulty  in  passing  the  draAV 
opening  or  the  draw  span  of  such  bridge  by  rafts,  steam- 
boats, or  other  water  craft,  it  shall  be  the  duty  of  the  said 
Secretary,  first  giving  the  parties  reasonable  opportunity 
to  be  heard,  to  give  notice  to  the  persons  or  corporations 
owning  or  controlling  such  bridge  so  to  alter  the  same  as 
to  render  navigation  through  or  under  it  reasonably  free, 
easy,  and  unobstructed ;  and  in  giving  such  notice  he  shall 
specify  the  changes  recommended  by  the  Chief  of  Engi- 
neers that  are  required  to  be  made,  and  shall  prescribe  in 


Mar.  3,  1809. 
Sec.  18. 


PAKT   XXXVI. OBSTRUCTIONS   TO   NAVIGATION.  391 

each  case  a  reasonable  time  in  which  to  make  them.  If 
at  the  end  of  such  time  the  alteration  has  not  been  made, 
the  Secretary  of  War  shall  forthwith  notify  the  United 
States  district  attorney  for  the  district  in  which  such 
bridge  is  situated,  to  the  end  that  the  criminal  proceed- 
ings hereinafter  mentioned  may  be  taken.  If  the  persons, 
corporation,  or  association  owning  or  controlling  any 
railroad  or  other  bridge  shall,  after  receiving  notice  to 
that  effect,  as  hereinbefore  required,  from  the  Secretary 
of  War,  and  within  the  time  prescribed  by  him  Avillfully 
fail  or  refuse  to  remove  the  same  or  to  comply  with  the 
lawful  order  of  the  Secretary  of  War  in  the  premises, 
such  persons,  corporation,  or  association  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  punished  by  a  fine  not  exceeding  five  thousand  dollars, 
and  every  month  such  persons,  corporation,  or  association 
shall  remain  in  default  in  respect  to  the  removal  or  altera- 
tion of  such  bridge  shall  be  deemed  a  new  offense,  and 
subject  the  persons,  corporation,  or  association  so  offend- 
ing to  the  penalties  above  prescribed :  Provided^  That  in 
any  case  arising  under  the  provisions  of  this  section  an 
appeal  or  writ  of  error  may  be  taken  from  the  district 
courts  or  from  the  existing  circuit  courts  direct  to  the 
Supreme  Court  either  by  the  United  States  or  by  the 
defendants. 
392.   Bridg-e  piers  and  abutments. 

Whenever  complaint  shall  be  made  by  the  Secretary  of  Aug  ii,  1888. 
War  that  by  reason  of  the  placing  in  any  navigable  ^^^•^• 
waters  of  the  United  States  of  any  bridge  pier  or  abut- 
ment, the  current  of  such  waters  has  been  so  deflected 
from  its  natural  course  as  to  cause  by  producing  caving 
of  banks  or  otherwise  serious  damage  or  danger  to  prop- 
erty, it  shall  be  his  duty  to  make  inquiry,  and  if  it  shall 
be  ascertained  that  the  complaint  is  well  founded,  he  shall 
cause  the  owners  or  persons  operating  such  bridge  to  re- 
pair such  damage  or  prevent  such  danger  to  property  by 
such  means  as  he  shall  indicate  and  within  such  time  as 
he  may  name,  and  in  default  thereof  the  owners  or  per- 
sons operating  such  bridge  shall  be  liable  in  any  court  of 
competent  jurisdiction  to  the  persons  injured  in  a  sum 
double  the  amount  of  said  injury. 
393.   Drawbridges. 

It  shall  be  the  duty  of  all  persons  owning,  operating,  Aug  is,  1894. 
and  tending  the  drawbridges  now  bulk,  or  wliich  may  ^'''''•^• 
hereafter  be  built  across  the  navigable  rivers  and  other 
waters  of  the  United  States,  to  open,  or  cause  to  be  opened, 
the  draws  of  such  bridges  under  such  rules  and  regula- 
tions as  in  the  opinion  of  the  Secretary  of  War  the  public 
interests  require  to  govern  the  opening  of  drawbridges 
for  the  passage  of  vessels  and  other  water  crafts,  and  such 
rules  and  regulations,  when  so  made  and  published,  shall 


392  NAVIGATION   LAVvS    OF    THE   UNITED    STATES. 

have  the  force  of  hiw.  Every  such  pervSon  who  shall  will- 
fully fail  or  refuse  to  open,  or  cause  to  be  opened,  the 
draw  of  any  such  bridge  for  the  passage  of  a  boat  or 
boats,  or  wJio  shall  unreasonably  delay  the  opening  of 
said  draw  after  reasonable  signal  shall  have  been  given, 
as  provided  in  such  regulations,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  more  than  two  thousand  dollars  nor 
less  than  one  thousand  dollars,  or  by  imprisonment  (in 
the  case  of  a  natural  person)  for  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court:  Provided^  That  the  proper  action  to  enforce 
the  provisions  of  this  section  maj^  be  commenced  before 
any  commissioner,  judge,  or  court  of  the  United  States, 
and  such  commissioner,  judge,  or  court  shall  proceed  in 
respect  thereto  as  authorized  by  law  in  case  of  crimes 
against  the  United  States:  Provided  further^  That  when- 
ever, in  the  opinion  of  the  Secretary  of  War,  the  public 
interests  require  it,  he  may  make  rules  and  regulations  to 
govern  the  opening  of  drawbridges  for  the  passage  of  ves- 
sels and  other  water  crafts,  and  such  rules  and  regula- 
tions, when  so  made  and  published,  shall  have  the  force 
of  law,  and  any  violation  thereof  shall  be  punished  as 

June  13, 1002.  ijereinbefore  provided.     [See  June  13,  1902,  sec.  G,  on 

^'''  ^'  page  383.] 

394.   Sunken  wrecks. 

Whenever  the  navigation  of  any  river,  lake,  harbor, 
syand,  bay,  canal,  or  other  navigable  waters  of  the  United 
States  shall  be  obstructed  or  endangered  by  any  sunken 
vessel,  boat,  water  craft,  raft,  or  other  similar  ol).struct!on. 
and  such  obstruction  has  existed  for  a  longer  period  than 
thirty  days,  or  whenever  the  abandonment  of  such  obstruc- 
tion can  be  legally  established  in  a  less  space  of  time,  tlio 
sunken  vessel,  boat,  water  craft,  raft,  or  other  obstruction 
shall  be  subject  to  be  broken  up,  removed,  sold,  or  other- 
wise disposed  of  by  the  Secretary  of  War  at  his  discretion, 
witliout  liability  for  any  damage  to  the  owners  of  the 
same:  Provided^  That  in  his  discretion,  the  Secretary  of 
War  may  cause  reasonable  notice  of  such  obstruction  of 
not  less  than  thirt}^  thiys,  unless  the  legal  abandonment  of 
the  obstruction  can  be  established  in  a  less  time,  to  be 
given  by  publication,  addressed  "  To  whom  it  may  con- 
cern," in  a  newspaper  published  nearest  to  the  locality  of 
tlie  obstruction,  requiring  the  removal  thereof:  And  f  ro- 
unded also^  That  the  Secretary  of  War  may,  in  his  dis- 
cretion, at  or  after  the  time  of  giving  such*^ notice,  cause 
sealed  proposals  to  be  solicited  by  public  advertisement, 
giving  reasonable  notice  of  not  less  than  ten  days,  for  tlie 
removal  of  such  obstruction  as  soon  as  possible  after  the 
expiration  of  the  above  specified  thirty  da3^s'  notice,  in 
case  it  has  not  in  the  meantime  been  so  removed,  these 


Mar.  3,  1899. 
Sec.  19. 


TART   XXXVI. OBSTRUCTIONS   TO    NAVIGATION.  SUS 

proposals  and  coutracts,  at  his  discretion,  to  be  condi- 
tioned that  such  vessel,  boat,  water  craft,  raft,  or  other 
obstruction,  and  all  cargo  and  property  contained  therein, 
shall  become  the  property  of  the  contractor,  and  the  con- 
tract shall  be  awarded  to  the  bidder  making  the  proposi- 
tion most  advantageous  to  the  United  States:  Provided^ 
That  such  bidder  shall  give  satisfactory  security  to  exe- 
cute the  w^ork:  Provided  further,  That  any  money  re- 
ceived from  the  sale  of  any  such  Avreck,  or  from  any  con- 
tractor for  the  removal  of  wrecks,  under  this  paragraph 
shall  be  covered  into  the  Treasury  of  the  United  States. 

Under  emergency,  in  the  case  of  any  vessel,  boat,  w^ater  ^nr.  3  I809, 
craft,  or  raft,  or  other  similar  obstruction,  sinking  or     ^''-     ' 
grounding,  or  being  unnecessarily  delayed  in  any  Govern- 
ment canal  or  lock,  or  in  any  navigable  waters  mentioned 
in  section  nineteen,  in  such  manner  as  to  stop,  seriously 
interfere  with  or  specially  endanger  navigation,  in  the 
opinion  of  the  Secretary "^of  War,  or  any  agent  of  the 
United  States  to  whom  the  Secretary  may  delegate  proper 
authority,  the  Secretary  of  War  or  any  such  agent  shall 
have  the  right  to  take  immediate  possession  of  such  boat, 
vessel,  or  other  water  craft,  or  raft,  so  far  as  to  remove  or 
to  destrov  it  and  to  clear  immediately  the  canal,  lock,  or 
naviii-able  waters   aforesaid   of  the   obstruction   thereby 
caused,  using  his  best  judgment  to  prevent  any  unneces- 
sary injury;  and  no  one  shall  interfere  with  or  prevent 
such  removal  or  destruction:  Provided,  That  the  officer 
or  ao-cnt  charged  with  the  removal  or  destruction  of  an 
obstruction  under  this  section  may  in  his  discretion  give 
notice  in  writing  to  the  owners  of  any  such  obstruction 
requiring  them  to  remove  it:  And  provided  further,  That 
the  expense  of  removing  any  such  obstruction  as  afore- 
said shall  be  a  charge  against  such  craft  and  cargo;  and 
if  the  owners  thereof  "fail  or  refuse  to  reimburse  the 
United  States  for  such  expense  within  thirty  days  after 
notification,  then  the  officer  or  agent  aforesaid  may  sell 
the  craft  or  cargo,  or  any  part  thereof  that  may  not  have 
been  destroyed  in  removal,  and  the  proceeds  of  such  sale 
shall  be  covered  into  the  Treasury  of  the  United  States. 
Such  sum  of  money  as  may  be  necessary  to  execute  this 
section  and  the  preceding  section  of  this  Act  is  hereby 
appropriated  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated,  to  be  paid  out  on  the  requisition  of  the 
Secretary  of  War.  .  ,     ,      n 

All  laws  or  parts  of  hiws  inconsistent  with  the  tore-   Mav.  3.  isor^. 
o-oing  sections  ten  to  twenty,  inclusive,  of  this  Act  are   see.  20. 
hereby  repealed:  Provided^fhsit  no  action  begun,  or  right 
of  action  accrued,  prior  to  the  jxassage  of  this  Act  shall  be 
aiiected  by  this  repeal.    Provided  further,  That  nothing  J"^;;^^^-  ^^^'■ 
contained'in  the  said  foregoing  sections  shall  be  construed 
as  repealing,  modifying,  or  in  any  manner  affecting  the 
provisions  of  an  Act  of  Congress  approved  June  twenty- 


394  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

ninth,  eighteen  hundred  and  eighty-eight,  entitled  "An 
Act  to  prevent  obstructive  and  injurious  deposits  within 
the  harbor  and  adjacent  waters  of  New  York  City,  by 
dumping  or  otherwise,  and  to  punish  and  prevent  such 
oit'enses,"  as  amended  by  section  three  of  the  river  and 
harbor  Act  of  August  eighteenth,  eighteen  hundred  and 
ninety-four. 

395.  Speed  of  vessels — navig-ation  of  canals. 

se'f /^'  ^^^'^'  It  shall  be  the  duty  of  the  Secretary  of  War  to  prescribe 
June  13, 1002.  ^^^c^  rules  and  regulations  for  the  use,  administration,  and 
Sec.  11.  navigation  of  any  or  all  canals  and  similar  works  of  navi- 

gation that  now  are,  or  that  hereafter  may  be,  owned, 
operated,  or  maintained  by  the  United  States  as  in  his 
judgment  the  public  necessity  may  require;  and  he  is  also 
authorized  to  prescribe  regulations  to  govern  the  speed 
and  movement  of  vessels  and  other  water  craft  in  any 
public  navigable  channel  which  has  been  improved  under 
authority  of  Congress,  whenever,  in  his  judgment,  such 
regulations  are  necessary  to  protect  such  improved  chan- 
nels from  injury,  or  to  prevent  interference  with  the  op- 
erations of  the  United  States  in  improving  navigable 
waters  or  injury  to  any  plant  that  may  be  employed  in 
such  operations.  Such  rules  and  regulations  shall  be 
posted,  in  conspicuous  and  appropriate  places,  for  the  in- 
formation of  the  public;  and  every  person  and  every  cor- 
poration which  shall  violate  such  rules  and  regulations 
shall  be  deemed  guilty  of  a  misdemeanor  and,  on  convic- 
tion thereof  in  any  district  court  of  the  United  States 
within  whose  territorial  jurisdiction  such  offense  may  have 
been  committed,  shall  be  punished  by  a  fine  not  exceeding- 
five  hundred  dollars,  or  by  imprisonment  (in  the  case  of  a 
natural  person)  not  exceeding  six  months,  in  the  discre- 
tion of  the  court. 
June  10, 1002.  Any  regulations  heretofore  or  hereafter  prescribed  by 
the  Secretary  of  War  in  pursuance  of  the  fourth  and  fifth 
sections  of  the  river  and  harbor  Act  of  August  eighteenth, 
eighteen  hundred  and  ninety-four,  and  any  regulations 
hereafter  prescribed  in  pursuance  of  the  aforesaid  section 
four  as  amended  by  section  eleven  of  this  Act,  may  be  en- 
forced as  provided  in  section  seventeen  of  the  river  and 
harbor  Act  of  March  third,  eighteen  hundred  and  ninety- 
nine,  the  provisions  whereof  are  hereby  made  applicable 
to  the  said  regulations. 

396.  Potomac  River. 

May  19,  isoG.  It  shall  be  unlawful  for  any  owner  or  occupant  of  any 
wharf  or  dock,  any  master  or  captain  of  any  vessel,  or  any 
person  or  persons  to  cast,  throw,  drop,  or  deposit  any  bal- 
last, dirt,  oyster  shells,  or  ashes  in  the  water  in  any  part 
of  the  Potomac  River  or  its  tributaries  in  the  District  of 
Columbia,  or  on  the  shores  of  said  river  below  high- water 
mark,  unless  for  the  purpose  of  making  a  wharf,  after 


Sec.  C>, 


PART   XXXVI. OBSTRUCTIONS   TO   NAVIGATION.  395 

permission  has  been  obtained  from  the  Commissioners  of 
the  District  of  Columbia  for  that  purpose,  which  wharf 
shall  be  sufficiently  enclosed  and  secured  so  as  to  prevent 
injury  to  navigation. 

It  shall  be  unlawful  for  any  owner  or  occupant  of  any  sec.  2. 
wharf  or  dock,  any  captain  or  master  of  any  vessel,  or  any 
other  person  or  persons  to  cast,  throw,  deposit,  or  drop  in 
any  dock  or  in  the  waters  of  the  Potomac  Eiver  or  its 
tributaries  in  the  District  of  Columbia  any  dead  fish,  fish 
oifal,  dead  animals  of  an}^  kind,  condemned  oysters  in  the 
shell,  watermelons,  cantaloupes,  vegetables,  fruits,  shav- 
ings, hay,  straw,  ice,  snow,  filth,  or  trash  of  any  kind 
whatsoever. 

Any  person  or  persons  violating  any  of  the  provisions  see.  3. 
of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  in  the  police  court  of  the  District  of 
Columbia  shall  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars  or  by  imprisonment  not  exceeding  six 
months,  or  by  both  such  punishments,  in  the  discretion  of 
the  court. 

Nothing  in  this  Act  contained  shall  be  construed  to  see.  4. 
interfere  with  the  work  of  improvement  in  or  along  the 
said  river  and  harbor,  under  the  supervision  of  the  United 
States  Government. 
397.   Mississippi  River  passes. 

The  Secretary  of  War  be,  and  is  hereby,  authorized  ^^ar.  3, 1909. 
to  make  such  rules  and  regulations  for  the  navigation  of  ^^^'^^ 
the  South  and  Southwest  passes  of  the  Mississippi  Kiver 
as  to  him  shall  seem  necessary  or  expedient  for  the  pur- 
pose of  preventing  any  obstruction  to  the  channels  through 
said  South  and  Southwest  passes  and  any  injury  to  the 
works  therein  constructed.  The  term  "  South  and  South-  , 
west  passes,"  as  herein  employed,  shall  be  construed  as 
embracing  the  entire  extent  of  channel,  in  each  case,  be- 
tween the  upper  ends  of  the  works  at  the  head  of  the  pass 
and  the  outer  or  sea  ends  of  the  jetties  at  the  entrance 
from  the  Gulf  of  Mexico;  and  any  willful  violation  of 
any  rule  or  regidation  made  by  the  Secretaiy  of  War  in 
pursuance  of  this  Act  shall  be  deemed  a  misdemeanor, 
for  which  the  owner  or  owners,  agent  or  agents,  master 
or  pilot  of  the  vessel  so  offending  shall  be  separately  or 
collectively  responsible,  and  on  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars, 
nor  exceeding  five  hundred  dollars,  or  by  imprisonment 
for  not  exceeding  three  months,  or  by  both  fine  and 
unprisonment,  at  the  discretion  of  the  court. 


Part  XXXVII.— NEW  YOEK  HARBOR. 


398.    l^Tew  York  Harbor. 

Sec.' 2!^'  "^^^^'  .  ^^  ''^^^^  ^®  unlawful  for  any  person  or  persons  to  engage 
in  fishing  or  dredging  for  shell  fish  in  any  of  the  channels 
leading  to  and  from  the  harbor  of  New  York,  or  to  inter- 
fere in  any  way  with  the  safe  navigation  of  those  chan- 
nels by  ocean  steamships  and  ships  of  deep  draft.  Any 
person  or  persons  violating  the  foregoing  provisions  of 
this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  fine  or  impris- 
onment, or  both,  such  fine  to  be  not  more  than  two  hun- 
dred and  fifty  dollars  nor  less  than  fifty  dollars,  and  the 
imprisonment  to  be  not  more  than  six  months  nor  less 
than  thirty  days,  either  or  both  united,  as  the  judge  be- 
fore whom  conviction  is  obtained  shall  decide.  It"  shall 
be  the  duty  of  the  United  States  Supervisor  of  the  harbor 
to  enforce  this  act,  and  the  deputy  inspectors  of  the  said 
supervisor  shall  have  authority  to  arrest  and  take  into 
custody,  with  or  without  process,  any  person  or  persons 
who  may  commit  any  of  the  acts  or  offenses  prohibited 
by  this  Act:  Provided,  That  no  person  shall  be  arrested 
without  process  for  any  offense  not  committed  in  the  pres- 
ence of  the  supervisor  or  his  inspector  or  deputy  inspec- 
tors, or  either  of  them :  And  further  provided.  That  w^hen- 
ever  any  such  arrest  is  made  the  person  or  persons  so 
arrested  shall  be  brought  forthwith  before  a  commis- 
sioner, judge,  or  court  of  the  United  States  for  examina- 
tion of  the  offenses  alleged  against  him ;  and  such  com- 
missioner, judge,  or  court  shall  proceed  in  respect  thereto 
as  authorized  by  law  in  case  of  crimes  against  the  United 
States. 

June  29, 1888.  jhe  placing,  discharging,  or  depositing,  by  any  process 
or  in  any  manner,  of  refuse,  dirt,  ashes,  cinders,  mud, 
sand,  dredgings,  sludge,  acid,  or  any  other  matter  of  any 
kind,  other  than  that  flowing  from  streets,  sewers,  and 
passing  therefrom  in  a  liquid  state,  in  the  tidal  waters  of 
the  harbor  of  New  York,  or  its  adjacent  or  tributary 
waters,  or  in  those  of  Long  Island  Sound,  within  the 
limits  which  shall  be  prescribed  by  the  supervisor  of  the 
harbor,  is  hereby  strictly  forbidden.  And  every  such  act 
is  made  a  misdemeanoi^  and  every  person  engaged  in  or 
who  shall  aid,  abet,  authorize,  or  'instigate  a  violation  of 
this  section,  shall,  upon  conviction,  be  punishable  by  fine 
39G 


PART  XXXVII. NEW  YORK  HARBOR.  397 

or  imprisonment,  or  both,  such  fine  to  be  not  less  than  two 
hundred  and  fifty  dollars  nor  more  than  two  thousand 
five  hundred  dollars,  and  the  imprisonment  to  be  not  less 
than  thirty  days  nor  more  than  one  year,  either  or  both 
united,  as  the  judge  before  whom  conviction  is  obtained 
shall  decide,  one  half  of  said  fine  to  be  paid  to  the  person 
or  persons  giving  information  which  shall  lead  to  convic- 
tion of  this  misdemeanor. 

Any  and  every  master  and  engineer  or  person  or  per-  see.  2. 
sons  acting  in  such  capacity,  respectively,  on  board  of  any 
boat  or  vessel,  who  shall  knowingly  engage  in  towing  any 
scow,  boat,  or  vessel  loaded  with  any  such  prohibited 
matter  to  any  point  or  place  of  deposit,  or  discharge  in 
the  waters  of  the  harbor  of  New  York,  or  in  its  adjacent, 
or  tributary  waters,  or  in  those  of  Long  Island  Sound,  or 
to  any  point  or  place  elsewhere  than  within  the  limits 
defined  and  permitted  by  the  supervisor  of  the  harbor 
hereinafter  mentioned,  shall  be  deemed  guilty  of  a  viola- 
tion of  this  act,  and  shall,  upon  conviction,  be  punishable 
as  hereinbefore  provided  for  offenses  in  violation  of  sec- 
tion one  of  this  act,  and  shall  also  have  his  license  re- 
voked or  suspended  for  a  term  to  be  fixed  by  the  judge 
before  whom  tried  and  convicted. 

In  all  cases  of  receiving  on  board  of  any  scows  or  boats  sec.  3. 
such  forbidden  matter  or  substance  as  herein  described,  ^"^-  ^^'  ^^^^• 
the  owner  or  master,  or  person  acting  in  such  capacity  on  ^^^'  ^' 
board  of  such  scows  or  boats,  before  proceeding  to  take 
or  tow  the  same  to  the  place  of  deposit,  shall  apply  for 
and  obtain  from  the  supervisor  of  the  harbor  appointed 
hereunder  a  permit  defining  the  precise  limits  within 
which  the  discharge  of  such  scows  or  boats  may  be  made; 
and  it  shall  not  be  lawful  for  the  owner  or  master,  or  per- 
son acting  in  such  capacity,  of  any  tug  or  towboat  to  tow 
or  move  any  scow  or  boat  so  loaded  with  such  forbidden 
matter  until  such  permit  shall  have  been  obtained;  and 
every  person  violating  the  foregoing  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  nor  less  than  five  hundred  dollars,  and 
in  addition  thereto  the  master  of  any  tug  or  towboat  so 
offending  shall  have  his  license  revoked,  or  suspended  for 
a  term  to  be  fixed  by  the  judge  before  whom  tried  and 
convicted.  And  any  deviation  from  such  dumping  or 
discharging  place  specified  in  such  permit  shall  be  a  mis- 
demeanor, and  the  owner  and  master,  or  person  acting  in 
the  capacity  of  master,  of  any  scows  or  boats  dumping 
or  discharging  such  forbidden  matter  in  any  place  other 
than  that  sj)ecified  in  such  permit  shall  be  liable  to  pun- 
ishment therefor  as  provided  in  section  one  of  the  said 
Act  of  June  twenty-ninth,  eighteen  hundred  and  eighty- 
eight;  and  the  owner  and  master,  or  person  acting  in  the 
capacity  of  master,  of  any  tug  or  towboat  towing  such 
scows  or  boats  shall  be  liable  to  equal  punishment  with 


398  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

the  owner  and  master,  or  person  acting  in  the  capacity  of 
master,  of  the  scows  or  boats;  and,  further,  every  scow- 
man  or  other  employee  on  board  of  both  scows  and  tow- 
boats  shall  be  deemed  to  have  knowledge  of  the  place  of 
diimjoing  specified  in  such  permit,  and  the  owners  and 
masters,  or  persons  acting  in  the  capacity  of  masters, 
shall  be  liable  to  punishment,  as  aforesaid,  for  any  unlaw- 
ful dumping,  within  the  meaning  of  this  Act  or  of  the 
said  Act  of  June  twenty-ninth,  eighteen  hundred  and 
eighty-eight,  which  may  be  caused  by  the  negligence  or 
ignorance  of  such  scowman  or  other  employee;  and,  fur- 
ther, neither  defect  in  machinery  nor  avoidable  accidents 
to  scows  or  towboats,  nor  unfavorable  weather,  nor  im- 
proper handling  or  moving  of  scows  or  boats  of  any 
kind  whatsoever,  shall  operate  to  release  the  owners  and 
masters  and  employees  of  scows  and  towboats  from  the 
penalties  hereinbefore  mentioned.  Every  scow  or  boat 
engaged  in  the  transportation  of  dredgings,  earth,  sand, 
mud,  cellar  dirt,  garbage,  or  other  offensive  material  of 
any  description  shall  have  its  name  or  number  and 
owner's  name  painted  in  letters  and  numbers  at  least 
fourteen  inches  long  on  both  sides  of  the  scow  or  boat; 
these  names  and  numbers  shall  be  kept  distinctly  legible 
at  all  times,  and  no  scow  or  boat  not  so  marked  shall  be 
used  to  transport  or  dump  any  such  material. 
May  28, 1908.  Eacli  such  SCOW  or  boat  shall  be  equipped  at  all  times 
Sec.  8.  ^^j^j-^  ^  2jfg  jjj-^g  Qj,  j.Q^Q  extending  at  least  the  length  of  and 

three  feet  above  the  deck  thereof,  such  rope  to  be  attached 
to  the  coaming  thereof,  also  with  a  life-preserver  and  a  life 
buoy  for  each  person  on  board  thereof,  also  with  anchor  to 
weigh  not  less  than  two  hundred  and  seventy-five  pounds, 
and  at  least  one  hundred  feet  of  cable  attached  thereto; 
a  list  of  the  names  of  all  men  employed  on  any  such  scow 
or  boat  shall  be  kept  by  the  owner  or  master  thereof  and 
the  said  list  shall  be  open  to  the  inspection  of  all  parties. 
Failure  to  comply  with  any  of  the  foregoing  provisions 
shall  render  the  owner  of  such  scow  or  boat  liable  upon 
conviction  thereof  to  a  penalty  of  not  more  than  five  hun- 
dred dollars. 
Feb.  16, 1900.  xhe  requirements  in  regard  to  life  line  or  rope  shall 
not  apply  to  any  scow  or  boat  the  deck  outside  the 
co^aming  or  rail  of  which  shall  not  exceed  one  foot  in 
width.  On  any  such  scow  or  boat  its  name  or  number 
and  owner's  name  painted  in  letters  and  numbers,  at 
least  fourteen  inches  long  on  both  ends  of  such  scow  or 
boat,  shall  be  a  compliance  with  the  provisions  of  the 
said  section  in  regard  to  name,  number,  and  owner's 
name. 

The  supervisor  of  the  harbor  of  New  York,  designated 
as  provided  in  section  five  of  the  said  Act  of  June  twenty- 
ninth,  eighteen  hundred  and  eighty-eight,  is  authorized  and 
directed  to  appoint  inspectors'and  deputy  inspectors,  and, 
for  the  purpose  of  enforcing  the  provisions  of  this  Act 
and  of  the  Act  aforesaid,  and  of  detecting  and  bringing 


PAET  XXXVII. NEW  YORK  HARBOR.  399 

to  punishment  offenders  against  the  same,  the  said  super- 
visor of  the  harbor,  and  the  inspectors  and  deputy  in- 
spectors so  appointed  by  him,  shall  have  power  and 
authority : 

First.  To  arrest  and  take  into  custody,  v>^ith  or  without 
process,  any  person  or  persons  who  may  commit  any  of 
the  acts  or  offenses  prohibited  by  this  section  and  by  the 
Act  of  June  twenty-ninth,  eighteen  hundred  and  eighty- 
eight,  aforesaid,  or  who  may  violate  any  of  the  provisions 
of  the  same:  Provided^  That  no  person  shall  be  arrested 
without  process  for  any  offense  not  committed  in  the  pres- 
ence of  the  supervisor  or  his  inspectors  or  deputy  inspect- 
ors, or  either  of  them:  And  provided  further^  That 
whenever  any  such  arrest  is  made  the  persons  or  persons  so 
arrested  shall  be  brought  forthwith  before  a  commissioner, 
judge,  or  court  of  the  United  States  for  examination  of 
the  offenses  alleged  against  him ;  and  such  commissioner, 
judge,  or  court  shall  proceed  in  respect  thereto  as  author- 
ized by  law  in  case  of  crimes  against  the  United  States. 

Second.  To  go  on  board  of  any  scow  or  towboat  en- 
gaged in  unlawful  dumping  of  prohibited  material,  or  in 
moving  the  same  without  a  permit  as  required  in  this  sec- 
tion of  this  Act,  or  otherwise  violating  any  of  the  provi- 
sions of  this  section  of  this  Act,  and  to  seize  and  hold 
said  boats  until  they  are  discharged  by  action  of  the  com-  ^''<^y  ^8,  loos. 
missioner,  judge,  or  court  of  the  United  States  before  ^*^^'^* 
whom  the  offending  persons  are  brought. 

Third.  To  arrest  and  take  into  custody  any  witness  or 
witnesses  to  such  unlawful  dumping  of  prohibitive  mate- 
rial, the  said  witnesses  to  be  released  under  proper  bonds. 

Fourth.  To  go  on  board  of  any  towboat  having  in  tow 
scows  or  boats  loaded  with  such  prohibited  material,  and 
accompany  the  same  to  the  place  of  dumping,  whenever 
such  action  appears  to  be  necessary  to  secure  compliance 
with  the  requirements  of  this  Act  and  of  the  Act  aforesaid. 

Fifth.  To  enter  gas  and  oil  works  and  all  other  manu- 
facturing works  for  the  purpose  of  discovering  the  dispo- 
sition made  of  sludge,  acid,  or  other  injurious  material, 
whenever  there  is  good  reason  to  believe  that  such  sludge, 
acid,  or  other  injurious  material  is  allowed  to  run  into  the 
tidal  waters  of  the  harbor  in  violation  of  section  one  of 
the  aforesaid  Act  of  June  twenty-ninth,  eighteen  hundred 
and  eighty-eight. 

Every  person  who,  directly  or  indirectly,  gives  any  sum 
of  money  or  other  bribe,  present,  or  reward  or  makes  any 
offer  of  the  same  to  any  inspector,  deputy  inspector,  or 
other  emplo}  ee  of  the  office  of  the  supervisor  of  the  harbor 
with  intent  to  influence  such  inspector,  deputy  inspector, 
or  other  employee  to  permit  or  overlook  any  violations  of 
the  provisions  of  this  section  or  of  the  said  Act  of  June 
twenty-ninth,  eighteen  hundred  and  eighty-eight,  shall,  on 
conviction  thereof,  be  fined  not  less  than  five  hundred  dol- 
lars nor  more  than  one  thousand  dollars,  and  be  impris- 
oned not  less  than  six  months  nor  more  than  one  year. 


400  NAVIGATION   LAWS    OF   THE    UNITED    ST;  ISS. 

May  28, 1908.  EveiT  permit  issued  in  accordance  witli  the  provisions 
of  this  section  of  this  Act  which  may  not  be  tai^en  up  by 
an  inspector  or  deputy  inspector  shall  be  returned  within 
four  days  after  issuance  to  the  office  of  the  super- 
visor of  the  harbor ;  such  permit  shall  bear  an  endorsement 
by  the  master  of  the  towboat,  or  the  person  acting  in  such 
capacity,  stating  whether  the  permit  has  been  used,  and  if 
so  the  time  and  place  of  dumping.  Any  person  violating 
the  provisions  of  this  section  shall  be  liable  to  a  fine  of  not 
more  than  five  hundred  dollars  nor  less  than  one  hundred 
dollars. 

June  29, 1888.      ^n  mud,  dirt,  sand,  dredgings,  and  material  of  every 

^^^•^'  kind  and  description  whatever  taken,  dredged,  or  exca- 

vated from  any  slip,  basin,  or  shoal  in  the  harbor  of  New 
York,  or  the  waters  adjacent  or  tributary  thereto,  and 
placed  on  any  boat,  scow,  or  vessel  for  the  purpose  of 
being  taken  or  towed  upon  the  waters  of  the  harbor  of 
New  York  to  a  place  of  deposit,  shall  be  deposited  and 
discharged  at  such  place  or  within  such  limits  as  shall  ba 
defined  and  specified  by  the  supervisor  of  the  harbor,  as 
in  the  third  section  of  this  act  prescribed,  and  not  other- 
wise. Every  person,  firm,  or  corporation  being  the  owner 
of  any  slip,  basin,  or  shoal,  from  which  such  mud,  dirt, 
sand,  dredgings,  and  material  shall  be  taken,  dredged,  or 
excavated,  and  every  person,  firm,  or  corporation  in  any 
manner  engaged  in  the  w^ork  of  dredging  or  excavating 
any  such  slip,  basin,  or  shoal,  or  of  removing  such  mud, 
dirt,  sand,  or  dredgings  therefrom,  shall  severally  be  re- 
sjDonsible  for  the  deposit  and  discharge  of  all  such  mud, 
dirt,  sand,  or  dredgings  at  such  place  or  within  such  limits 
so  defined  and  prescribed  by  said  supervisor  of  the  har- 
bor; and  for  every  violation  of  the  j^rovisions  of  this  sec- 
tion the  person  offending  shall  be  guilty  of  an  offense 
against  this  act,  and  shall  be  punished  by  a  fine  equal  to 
the  sum  of  five  dollars  for  every  cubic  yard  of  mud,  dirt, 
sand,  dredgings,  or  material  not  deposited  or  discharged 
a.s  required  by  this  section.  Any  boat  or  vessel  used  or 
employed  in  violating  any  provision  of  this  act,  shall  be 
liable  to  the  pecuniary  penalties  imposed  thereby,  and 
may  be  proceeded  against,  summarily  by  way  of  libel  in 
any  district  court  of  the  United  States,  having  jurisdic- 
tion thereof. 

Sec.  5.  A  line  officer  of  the  Navy  shall  be  designated  by  the 

President  of  the  United  States  as  supervisor  of  the  har- 
bor, to  act  under  the  direction  of  the  Secretary  of  War  in 
enforcing  the  provisions  of  this  act,  and  in  detecting 
offenders  against  the  same.  This  officer  shall  receive  the 
sea-pay  of  his  grade,  and  shall  have  personal  charge  and 
supervision  under  the  Secretary  of  War,  and  shall  direct 
the  patrol  boats  and  other  means  to  detect  and  bring  to 
punishment  offenders  against  the  provisions  of  this  act. 


Part  XXXVIII.— ANCHORAGE  GROUNDS. 


399.  New  York  Bay.  I  401.   Kennebec  River. 

400.  Chicago  Harbor.  I 

399.  New  York  Bay. 

The  Secretary  of  Commerce  and  Labor  is  authorized,  ^ay  16, 1888. 
empowered,  and  directed  to  define  and  establish  an  an-  gec.io.' 
chorage  ground  for  vessels  in  the  bay  and  harbor  of  New 
York,  and  in  the  Hudson  and  East  Rivers,  to  adopt  suit- 
able rules  and  regulations  in  relation  thereto,  and  to  take 
all  necessary  measures  for  the  proper  enforcement  of 
such  rules  and  regulations. 

The  Act  of  May  sixteenth,  eighteen  hundred  and  eighty-  Mar.  3,  i899. 
eight,  relating  to  anchorage  of  vessels  in  the  port  of  New 
York,  is  hereby  extended  to  include  the  waters  of  Kill 
von  Kull,  Newark  Bay,  Arthur  Kill,  and  Raritan  Bay. 

In  the  event  of  the  violation  of  any  such  rules  or  regu-  May  16, 1888. 
lations  by  the  owner,  master,  or  person  in  charge  of  any  See.  2. 
vessel,  such  owner,  master,  or  person  in  charge  of  such 
vessel  shall  be  liable  to  a  penalty  of  one  hundred  dollars, 
and  the  said  vessel  may  be  holden  for  the  payment  of  such 
penalty,  and  may  be  seized  and  proceeded  against  sum- 
marily by  libel  for  the  recovery  of  the  same  in  any  United   ^®^-  ^^'  ^^^^• 
States  district  court  for  the  district  within  which  such     ®^*     * 
vessel  may  be,  and  in  the  name  of  the  officer  designated  by 
the  Secretary  of  Commerce  and  Labor. 

400.  Chicago  Harbor. 

The  Secretary  of  Commerce  and  Labor  is  authorized 
and  directed  to  define  and  establish  anchorage  grounds  gec.ia' 
for  vessels  in  the  harbors  of  Chicago,  and  waters  of  Lake 
Michigan  adjacent  thereto,  to  adopt  suitable  rules  and 
regulations  in  relation  to  the  same,  and  also  to  adopt 
suftable  rules  and  regulations  governing  the  use  of 
marked  inshore  channels  in  Lake  Michigan  in  front  of 
the  city  of  Chicago,  and  to  take  all  necessary  measures  for 
the  proper  enforcement  of  such  rules  and  regulations. 

In  the  event  of  the  violation  of  any  such  rules  or  regTda-  Feb.  6, 1893. 
tions  by  the  owner,  master,  or  person  in  charge  of  any  ves- 
sel, such  owner,  master,  or  person  in  charge  of  such  vessel 
shall  be  liable  to  a  penalty  of  one  hundred  dollars,  and  the 
said  vessel  may  be  holden  for  the  payment  of  such  pen- 
96694°— 11 26  401 


Feb.  6,  1893. 
Feb.  14,  1903. 


Sec.  2. 


402  NAVIGATION  LAWS   OP   THE   UNITED   STATES. 

alty,  and  may  be  seized  and  proceeded  against  summarily 
by  libel  for  the  recovery  of  the  same  in  any  United  States 
district  court  for  the  district  within  which  such  vessel 

Feb.  14, 1903.  may  be,  and  in  the  name  of  the  officer  designated  by  the 

Sec.  10.  Secretary  of  Commerce  and  Labor, 

401.    Kennebec  River. 

June  6, 1900.       The  Secretary  of  Commerce  and  Labor  is  authorized. 

^®^'  ?-^'  ^^^^-  empowered,  and  directed  to  define  and  establish  an 
anchorage  ground  for  vessels  in  Kennebec  River  at  or 
near  Bath,  Maine,  to  adopt  suitable  rules  and  regulations 
in  relation  thereto,  and  to  take  all  necessar}^  measures  for 
the  proper  enforcement  of  such  rules  and  regulations. 

June  6,  1900.      In  the  event  of  the  violation  of  any  such  rules  or  regu- 

sec.  2.  lations  by  the  owner,  master,  or  person  in  charge  of  any 

vessel,  such  owner,  master,  or  person  in  charge  of  such 
vessel  shall  be  liable  to  a  penalt}^  of  one  hundred  dollars ; 
and  the  said  vessel  may  be  holden  for  the  payment  of  such 
penalt}^,  and  may  be  seized  and  proceeded  against  sum- 
marily by  libel  for  the  recovery  of  the  same  in  any  United 
States  district  court  for  the  district  within  which  said 

Feb.  14, 1903.  vcssel  may  be,  and  in  the  name  of  the  officer  designated 

Sec.  10.  by  the  Secretary  of  Commerce  and  Labor. 


Part  XXXIX.— OFFENSES  AGAINST  NEUTRALITY. 


402.   Offenses  against  neutrality. 

Every  citizen  of  the  United  States  who,  within  the  Mar.  4, 1909. 
territory  or  jurisdiction  thereof,  accepts  and  exercises  a  lepeais  r.  s., 
commission  to  serve  a  forei.s'n  prince,  state,  colony,  dis-  528I. 
trict,  or  people,  in  war,  by  land  or  by  sea,  against  any 
prince,  state,  colony,  district,  or  people,  with  whom  the 
United  States  are  at  peace,  shall  be  fined  not  more  than 
two  thousand  dollars  and  imprisoned  not  more  than  three 
years. 

Whoever,  within  the  territory  or  jurisdiction  of  the  ^^^'  ^^' 
United  States,  enlists,  or  enters  himself,  or  hires  or  re-  52*82.^'^  ^  ' 
tains  another  person  to  enlist  or  enter  himself,  or  to  go 
beyond  the  limits  or  jurisdiction  of  the  United  States 
with  intent  to  be  enlisted  or  entered  in  the  service  of  any 
foreign  prince,  state,  colony,  district,  or  people,  as  a 
soldier,  or  as  a  marine  or  seaman,  on  board  of  any  vessel 
of  war,  letter  of  marque,  or  privateer,  shall  be  fined  not 
more  than  one  thousand  dollars  and  imprisoned  not  more 
than  three  years. 

"Wlioever,  within  the  territory  or  jurisdiction  of  the  ^^^-  ^^• 
United  States,  fits  out  and  arms,  or  attempts  to  fit  out  ^^ss^^^^  ^  ^ ' 
and  arm,  or  procures  to  be  fitted  out  and  armed,  or  know- 
ingly is  concerned  in  the  furnishing,  fitting  out,  or  arming 
of  any  vessel,  with  intent  that  such  vessel  shall  be  em- 
ployed in  the  service  of  any  foreign  prince  or  state,  or  of 
an}?-  colony,  district,  or  people,  to  cruise  or  commit  hostili- 
ties against  the  subjects,  citizens,  or  property  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people,  Avith 
wdiom  the  United  States  are  at  peace,  or  whoever  issues 
or  delivers  a  commission  within  the  territory  or  jurisdic- 
tion of  the  United  States  for  any  vessel,  to  the  intent  that 
she  ma)^  be  so  employed,  shall  be  fined  not  more  than  ten 
thousand  dollars  and  imprisoned  not  more  than  three 
years.  And  every  such  vessel,  her  tackle,  apparel,  and 
furniture,  together  with  all  materials,  arms,  ammunition, 
and  stores  which  may  have  been  procured  for  the  build- 
ing and  equipment  thereof,  shall  be  forfeited ;  one  half  to 
the  use  of  the  informer  and  the  other  half  to  the  use  of 
the  United  States. 

Whoever,  being  a  citizen  of  the  United  States,  without  see.  303. 
the  limits  thereof,  fits  out  and  arms,  or  attempts  to  fit  out  5234 '^'^^^  ^'"  ^" 

403 


404  NAVIGATION   LAWS   OP   THE   UNITED   STATES. 

and  arm,  or  procures  to  be  fitted  out  and  armed,  or  know- 
ingly aids  or  is  concerned  in  furnishing,  fitting  out,  or 
arming,  any  private  vessel  of  war  or  privateer,  with  intent 
that  such  vessel  shall  be  employed  to  cruise  or  commit  hos- 
tilities upon  the  citizens  of  the  United  States,  or  their 
property,  or  whoever  takes  the  command  of  or  enters  on 
board  of  any  such  vessel,  for  such  intent,  or  who  purchases 
any  interest  in  any  such  vessel  with  a  view  to  share  in  the 
profits  thereof,  shall  be  fined  not  more  than  ten  thousand 
dollars  and  imprisoned  not  more  than  ten  years.  The 
trial  for  such  olfense,  if  committed  without  the  limits  of 
the  United  States,  shall  be  in  the  district  in  which  the 
offender  shall  be  apprehended  or  first  brought. 
Sec.  12.  Whoever,  within  the  territory  or  jurisdiction  of  the 

5285^^^^  ^  ^ '  United  States,  increases  or  augments,  or  procures  to 
be  increased  or  augmented,  or  knowingly  is  concerned 
in  increasing  or  augmenting,  the  force  of  any  ship  of 
war,  cruiser,  or  other  armed  vessel  which,  at  the  time  of 
her  arrival  within  the  United  States,  was  a  ship  of  war, 
or  cruiser,  or  armed  vessel,  in  the  service  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people_,  or 
belonging  to  the  subjects  or  citizens  of  any  such  prince 
or  state,  colony,  district,  or  people,  the  same  being  at  war 
with  any  foreign  prince  or  state,  or  of  any  colony,  dis- 
trict, or  people,  with  whom  the  United  States  are  at 
peace,  by  adding  to  the  number  of  the  guns  of  such  ves- 
sel, or  by  changing  those  on  board  of  her  for  guns  of  a 
larger  caliber,  or  by  adding  thereto  any  equipment  solely 
applicable  to  war,  shall  be  fined  not  more  than  one  thou- 
sand dollars  and  imprisoned  not  more  than  one  year. 
Sec.  13.  T\nioever,  within  the  territory  or  jurisdiction  of  the 

5?||^"^'^  ^"  ^"  United  States,  begins,  or  sets  on  foot,  or  provides  or 
prepares  the  means  for,  any  military  expedition  or  en- 
terprise, to  be  carried  on  from  thence  against  the  terri- 
tory or  dominions  of  any  foreign  prince  or  state,  or  of 
any  coloiw,  district,  or  people,  with  whom  the  United 
States  are  at  peace,  shall  be  fined  not  more  than  three 
thousand  dollars  and  imprisoned  not  more  than  three 
years. 
Sec.  14.  xhe  district  courts  shall  take  cognizance  of  all  com- 

5987^^^^  ^'  ^"'  plaints,  by  whomsoever  instituted,  in  cases  of  captures 
made  within  the  waters  of  the  United  States,  or  within 
a  marine  league  of  the  coasts  or  shores  thereof.  In 
every  case  in  which  a  vessel  is  fitted  out  and  armed, 
or  attempted  to  be  fitted  out  and  armed,  or  in  which 
the  force  of  any  vessel  of  war,  cruiser,  or  other  armed 
vessel  is  increased  or  augmented,  or  in  which  any  mili- 
tary expedition  or  enterprise  is  begun  or  set  on  foot, 
contrary  to  the  provisions  and  prohibitions  of  this 
chapter;  and  in  every  case  of  the"  capture  of  a  vessel 
within  the  jurisdiction  or  protection  of  the  United  States 
as  before  defined;  and  in  every  case  in  Avhich  any  proc- 


PAET   XXXIX. NEUTRALITY.  405 

ess  issuing  out  of  any  court  of  the  United  States  is 
disobeyed  or  resisted  by  any  person  having  the  custody 
of  any  vessel  of  war,  cruiser,  or  other  armed  vessel  of 
any  foreign  prince  or  state,  or  of  any  colony,  district, 
or  people,  or  of  any  subjects  or  citizens  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people,  it 
shall  be  lawful  for  the  President,  or  such  other  person 
as  he  shall  have  empowered  for  that  purpose,  to  employ 
such  part  of  the  land  or  naval  forces  of  the  United  States, 
or  of  the  militia  thereof,  for  the  purpose  of  taking  pos- 
session of  and  detaining  any  such  vessel,  with  her  prizes, 
if  any,  in  order  to  enforce  the  execution  of  the  prohibi- 
tions and  penalties  of  this  chapter,  and  the  restoring  of 
such  prizes  in  the  cases  in  which  restoration  shall  be  ad- 
judged ;  and  also  for  the  purpose  of  preventing  the  carry- 
ing on  of  any  such  expedition  or  enterprise  from  the  ter- 
ritory or  jurisdiction  of  the  United  States  against  the 
territory  or  dominion  of  any  foreign  prince  or  state,  or  of 
any  colony,  district,  or  people  w^ith  whom  the  United 
States  are  at  peace. 

It  shall  be  lawful  for  the  President,  or  such  person  as  See.  is. 
he  shall  empower  for  that  purpose,  to  employ  such  part  of  ^^^^""'^^^  ^'  ^" 
the  land  or  naval  forces  of  the  United  States,  or  of  the^     ' 
militia  thereof,  as  shall  be  necessary  to  compel  any  for- 
eign vessel  to  depart  the  United  States  in  all  cases  in 
which,  by  the  laws  of  nations  or  the  treaties  of  the  United 
States,  she  ought  not  to  remain  within  the  United  States. 


The  owners  or  consignees  of  every  armed  vessel  sailing  ^^^'^_^^-^  ^  g 
out  of  the  ports  of,  or  under  the  jurisdiction  of ,_  the  5059,^''  ^  "  "' 
United  States,  belonging  wholly  or  in  part  to  citizens 
thereof,  shall,  before  dearing  out  the  same,  give  bond  to 
the  United  States,  with  sufficient  sureties,  in  double  the 
amount  of  the  value  of  the  vessel  and  cargo  on  board, 
including  her  armament,  conditioned  that  the  vessel  shall 
not  be  employed  by  such  owners  to  cruise  or  commit  hos- 
tilities against  the  subjects,  citizens,  or  property  of  any 
foreign  prince  or  state,  or  of  any  colony,  district,  or  peo- 
ple, with  whom  the  United  States  are  at  peace. 

The  several  collectors  of  the  customs  shall  detain  any  see.  17. 
vessel  manifestly  built  for  warlike  purposes,  and  about  to  529T''  ^  " 
depart  the  United  States,  or  any  place  subject  to  the 
jurisdiction  thereof,  the  cargo  of  which  principally  con- 
sists of  arms  and  munitions  of  war,  when  the  number  of 
men  shipped  on  board,  or  other  circumstances,  render  it 
probable  that  such  vessel  is  intended  to  be  employed  by 
the  owners  to  cruise  or  commit  hostilities  upon  the  sub- 
jects, citizens,  or  property  of  any  foreign  prince  or  state, 
or  of  any  colony,  district,  or  people  with  whom  the  United 
States  are  at  peace,  until  the  decision  of  the  President  is 
had  thereon,  or  until  the  owner  gives  such  bond  and 
security  as  is  required  of  the  owners  of  armed  vessels  by 
the  preceding  section. 


406  NAVIGATION   LAWS   OF   THE   UNITED  STATES. 

R*^^'  ^f  R  «5  ^^®  provisions  of  this  chapter  shall  not  be  construed 
529if^  ^  '  'to  extend  to  any  subject  or  citizen  of  any  foreign  prince, 
state,  colony,  district,  or  people  who  is  transiently  within 
the  United  States  and  enlists  or  enters  himself  on  board 
of  any  vessel  of  war,  letter  of  marque,  or  privateer,  which 
at  the  time  of  its  arrival  within  the  United  States  was 
fitted  and  equipped  as  such,  or  hires  or  retains  another 
subject  or  citizen  of  the  same  foreign  prince,  state,  col- 
ony;, district,  or  people  who  is  transiently  within  the 
United  States  to  enlist  or  enter  himself  to  serve  such 
foreign  prince,  state,  colony,  district,  or  people  on  board 
such  vessel  of  war,  letter  of  marque,  or  privateer,  if  the 
United  States  shall  then  be  at  peace  with  such  foreign 
prince,  state,  colony,  district,  or  peoj)le.  Nor  shall  they 
be  construed  to  prevent  the  prosecution  or  punishment  of 
treason,  or  of  any  piracy  defined  by  the  laws  of  the 
United  States. 


Part  XL.— GUANO  ISLANDS. 


403.   Guano  Islands. 

AYhenever  any  citizen  of  the  United  States  discovers  a  ^  ^•'  ^'^^• 
dejDosit  of  guano  on  any  island,  rock,  or  key,  not  within 
the  lawful  jurisdiction  of  any  other  government,  and 
not  occupied  by  the  citizens  of  any  other  government,  and 
takes  peaceable  possession  thereof,  and  occupies  the  same, 
such  island,  rock,  or  key  may,  at  the  discretion  of  the 
President,  be  considered  as  appertaining  to  the  United 
States. 

The  discoverer  shall,  as  soon  as  practicable,  give  notice.  R-  s.,  5571. 
verified  by  affidavit,  to  the  Department  of  State,  of  such 
discovery,  occupation,  and  possession,  describing  the 
island,  rock,  or  key,  and  the  latitude  and  longitude 
thereof,  as  near  as  may  be,  and  showing  that  such  posses- 
sion was  taken  in  the  name  of  the  United  States;  and 
shall  furnish  satisfactory  evidence  to  the  State  Depart- 
ment that  such  island,  rock,  or  key  was  not,  at  the  time  of 
the  discovery  thereof,  or  of  the  taking  possession  and 
occupation  thereof  by  the  claimants,  in  the  possession  or 
occupation  of  any  other  government  or  of  the  citizens  of 
any  other  government,  before  the  same  shall  be  considered 
as  appertaining  to  the  United  States. 

If  the  discoverer  dies  before  perfecting  proof  of  disco v-  R-  S-,  5572. 
ery^  or  fully  complying  with  the  provisions  of  the  pre- 
ceding section,  his  widow,  heir,  executor,  or  administra- 
tor, shall  be  entitled  to  the  benefits  of  such  discovery, 
upon  complying  with  the  provisions  of  this  Title  [R.  S., 
5570-5578]  ;  but  nothing  herein  shall  be  held  to  impair 
any  rights  of  discovery  or  any  assignment  by  a  discoverer 
heretofore  recognized  hj  the  United  States. 

The  discoverer,  or  his  assigns,  being  citizens  of  the  ^*  ^•'  ^^'^^' 
United  States,  may  be  allowed,  at  the  pleasure  of  Con- 
gress, the  exclusive  right  of  occupying  such  island,  rocks, 
or  keys,  for  the  purpose  of  obtaining  guano,  and  of  sell- 
ing and  delivering  the  same  to  citizens  of  the  United 
States,  to  be  used  therein,  and  may  be  allowed  to  charge 
and  receive  for  every  ton  thereof  delivered  alongside  a 
v-essel,  in  proper  tubs,  within  reach  of  ship's  tackle,  a  sum 
not  exceeding  eight  dollars  per  ton  for  the  best  quality, 
or  four  dollars  for  every  ton  taken  while  in  its  native 
place  of  deposit. 

No  guano  shall  be  taken  from  any  such  island,  rock,  or  ^  ^•'  ^^'^^' 
key,  except  for  the  use  of  the  citizens  of  the  United  States 

407 


408  NAVIGATIOISr  LAWS   OF   THE   UNITED   STATES. 

or  of  persons  resident  therein.  The  discoverer,  or  his 
widow,  heir,  executor,  administrator,  or  assigns,  shall 
enter  into  bond,  in  such  penalty  and  with  such  sureties  as 
may  be  required  by  the  President,  to  deliver  the  guano  to 
citizens  of  the  United  States,  for  the  purpose  of  being 
used  therein,  and  to  none  others,  and  at  the  price  pre- 
scribed, and  to  provide  all  necessary  facilities  for  that 
purpose  within  a  time  to  be  fixed  in  the  bond;  and  any 
breach  of  the  provisions  thereof  shall  be  deemed  a  for- 
feiture of  all  rights  accruing  under  and  by  virtue  of  this 
Title  [R.  S.,  5570-5578].  This  section  shall,  however,  be 
suspended  in  relation  to  all  persons  who  have  complied 
with  the  provisions  of  this  Title,  for  five  years  from  and 
after  the  fourteenth  day  of  July,  eighteen  hundred  and 
sevent^^-two. 

R.  s.,  5575.  The  introduction  of  guano  from  such  islands,  rocks,  or 
keys,  shall  be  regulated  as  in  the  coasting  trade  between 
different  parts  of  the  United  States,  and  the  same  laws 
shall  govern  the  vessels  concerned  therein. 

R.  s.,  5576.  All  acts  done,  and  offenses  or  crimes  committed,  on  any 

such  island,  rock,  or  key,  by  persons  who  may  land 
thereon,  or  in  the  waters  adjacent  thereto,  shall  be  deemed 
committed  on  the  high  seas,  on  board  a  merchant-ship  or 
vessel  belonging  to  the  United  States ;  and  shall  be  pun- 
ished according  to  the  laws  of  the  United  States  relating 
to  such  ships  or  vessels  and  offenses  on  the  high  seas, 
which  laws  for  the  purpose  aforesaid  are  extended  over 
such  islands,  rocks,  and  keys. 

R.  s.,  5577.  xhe  President  is  authorized,  at  his  discretion,  to  employ 
the  land  and  naval  forces  of  the  United  States  to  protect 
the  rights  of  the  discoverer  or  of  his  widow,  heir,  exec- 
utor, administrator,  or  assigns. 

R.  s.,  5578.  Nothing  in  this  Title  [E.  S.,  5570-5578]  contained  shall 
be  construed  as  obliging  the  United  States  to  retain  pos- 
session of  the  islands,  rocks,  or  keys,  after  the  guano  shall 
have  been  removed  from  the  same. 

Mar.  4,  1909.     The  crhnes  and  offenses  defined  in  this  chapter  [chap. 

Sec.  272.  ^-1^^  g^^  ^^^  4^  -^g()C).  see  pp.  431-438]  shall  be  punished 
as  herein  described:     *     *     * 

On  any  island,  rock,  or  key,  containing  deposits  of 
guano,  which  may,  at  the  discretion  of  the  President,  be 
considered  as  appertaining  to  the  United  States. 


Part  XLT.— MISCELLANEOUS. 


404. 

Life-saving  medals. 

417. 

405. 

Rescuing  shipwrecked  American 

418. 

seamen. 

419. 

406. 

School-sliips. 

407. 

Instruction  at  military  schools. 

408. 

Instruction  in  shipbuilding. 

420. 

409. 

Naval  Militia. 

410. 

North  Atlantic  fisheries. 

421. 

411. 

Supplies  for  foreign  war  vessels. 

422. 

412. 

Navy  ration. 

423. 

413. 

Coal  and  war  materials. 

424. 

414. 

Mines,  torpedoes,  and  harbor  de- 
fenses. 

425. 

415. 

Sale  of  arms  and  liquors  to  Pa- 

426. 

cific  islanders. 

427. 

416. 

Panama  Canal. 

Great  Lakes-Atlantic  Canal. 

Great  Lakes'  levels. 

Employment  of  vessels  of  the 
United  States  for  public  pur- 
poses. 

Exemption  of  private  property  at 
sea. 

Hospital  ships. 

Sponge  fishing. 

Protection  of  sponge  fisheries. 

Liens  on  vessels. 

Wireless  equipment  on  passenger 
vessels. 

Enforcement  of  navigation  laws. 

Licensing  of  custom-house  brok- 
ers. 


June  20,  1874. 
Sec.  7. 


404.   Life-saving-  medals. 

The  Secretary  of  the  Treasury  is  hereby  directed  to 
cause  to  be  prepared  medals  of  honor,  with  suitable  de- 
vices, to  be  distinguished  as  life-saving  medals  of  the  first 
and  second  class,  which  shall  be  bestowed  upon  any 
persons  who  shall  hereafter  endanger  their  own  lives  in 
saving,  or  endeavouring  to  save  lives  from  perils  of  the 
sea,  within  the  United  States,  or  upon  any  American  ves- 
sel: Provided,  That  the  medal  of  the  first  class  shall  be 
confined  to  cases  of  extreme  and  heroic  daring;  and  that 
the  medal  of  the  second  class  shall  be  given  in  cases  not 
sufficiently  distinguished  to  deserve  the  medal  of  the 
first  Q\?i^'S,'.  Provided,  also,  That  no  award  of  either  medal 
shall  be  made  to  any  person  until  sufficient  evidence  of 
his  deserving  shall  have  been  filed  with  the  Secretary  of 
the  Treasury  and  entered  upon  the  records  of  the  Depart- 
ment. 

The  life-saving  medals  of  the  first  and  second  class  May  4, 1882. 
authorized  by  the  provisions  of  the  seventh  section  of  the  ^^'''  ' 
act  of  July  twentieth,  eighteen  hundred  and  seventy-four, 
shall  be  hereafter  designated  as  the  gold  and  silver  life- 
saving  medal  respectively,  and  any  person  who  has  re- 
ceived or  may  hereafter  receive  either  of  said  •  medals 
under  the  provisions  of  said  section,  or  the  twelfth  sec- 
tion of  the  act  of  June  eighteenth,  eighteen  hundred  and 
seventy-eight,  and  who  shall  again  perform  an  act  which 
would  entitle  him  to  a  medal  of  the  same  class  under  said 
provisions,  shall  receive,  and  the  Secretary  of  the  Treas- 
ury is  herebv  authorized  to  award,  in  lieu  of  a  second 
medal,  a  bar,*^  suitably  inscribed,  of  the  same  metal  as  the 

409 


410  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

medal  to  which  said  person  would  be  entitled,  to  be 
attached  to  a  ribbon  of  such  description  as  the  Secretary 
of  the  Treasury  may  prescribe,  which  may  be  fastened  to 
the  medal  already  bestowed  upon  said  person;  and  for 
ever}^  such  additional  act  an  additional  bar  may  be  added. 
And  the  Secretary  of  the  Treasury  is  hereby  authorized, 
in  his  discretion,  whenever  an}^  person  becomes  entitled  to 
a  bar  representing  a  gold  medal,  to  award  him,  in  addi- 
tion to  said  bar,  such  token  as  it  is  customary  to  award 
in  acknowledgment  of  the  services  of  masters  and  crews 
of  foreign  vessels  in  rescuing  American  citizens  from 
shipwreck. 
June  18, 1878.  xhc  Secretary  of  the  Treasury  is  hereby  authorized  to 
^^^'  ^^'  bestow  the  life-saving  medal  of  the  second  class  upon  per- 

sons making  such  signal  exertions  in  rescuing  and  succor- 
ing the  shipwrecked,  and  saving  persons  from  drowning, 
as,  in  his  opinion,  shall  merit  such  recognition. 
Jan.  21, 1897.  go  much  of  the  acts  relating  to  the  Life-Saving  Service 
approved  June  twentieth,  eighteen  hundred  and  seventy- 
four,  June  eighteenth,  eighteen  hundred  and  seventy- 
eight,  and  May  fourth,  eighteen  hundred  and  eighty-two, 
as  provide  for  the  award  of  life-saving  medals  shall  be 
construed  so  as  to  empower  the  Secretary  of  the  Treasury 
to  bestow  such  medals  upon  persons  making  signal  exer- 
tions in  rescuing  and  succoring  the  shipwrecked  and  sav- 
ing persons  from  drowning  in  the  waters  over  which  the 
United  States  has  jurisdiction,  whether  the  said  persons 
niaking  such  exertions  were  or  were  not  members  of  a 
life-saying  crew,  or  whether  or  not  such  exertions  were 
made  in  the  vicinity  of  a  life-saving  station. 

405.  Rescuing-  shipwrecked  American  seamen. 

Mar.  3, 1911.  Expenses  which  may  be  incurred  in  the  acknowledg- 
ment of  the  services  of  masters  and  crews  of  foreign  ves- 
sels in  rescuing  American  seamen  or  citizens  from  ship- 
wreck, four  thousand  five  hundred  dollars. 

406.  School-ships. 

M^v  3^1881^"  '^^^^-  ^^^^^^^^y  ^f  ^^^  Navy,  to  prom.ote  nautical  educa- 
Mar!  4^911.  ^^^^'  ^^  hereby  authorized  and  empowered  to  furnish, 
upon,  the  application  in  writing  of  the  governor  of  a 
State,  a  suitable  vessel  of  the  navy,  with  all  her  apparel, 
charts,  books,  and  instruments  of  navigation,  provided 
the  same  can  be  spared  without  detriment  to  the  naval 
service,  to  be  used  for  the  benefit  of  any  nautical  school, 
or  school  or  college  having  a  nautical  branch,  estab- 
lished at  each  of  the  following  ports  of  the  United  States : 
Boston,  Philadelphia,  New  York,  Seattle,  San  Francisco, 
Baltimore,  Detroit,  Saginaw,  Michigan,  Norfolk,  and 
Corpus;  Christi,  upon  the  condition  that  there  shall  be 
maintained  at  such  port  a  school  or  branch  of  a  school 
for  the  instruction  of  youths  in  navigation,  steamship- 
marine  engineering,  and  all  matters  pertaining  to  the 
proper  construction,  equipment,  and  sailing  of  vessels  or 
any  particular  branch  thereof. 


PAUT  XLI. MISCELLANEOUS.  411 

A  sum  not  exceeding  the  amount  annually  appropri-  Sec.  2. 
ated  by  any  State  or  municipality  for  the  purpose  of 
maintaining  such  a  marine  school  or  schools  or  the 
nautical  branch  thereof  is  hereby  authorized  to  be  appro- 
priated for  the  purpose  of  aiding  in  the  maintenance  and 
support  of  such  school  or  schools:  Provided^  however^ 
That  appropriations  shall  be  made  for  one  school  in  any 
port  heretofore  named  in  section  one  and  that  the  appro- 
priation for  any  one  year  shall  not  exceed  twenty-five 
thousand  dollars  for  any  one  school. 

The  President  of  the  United  States  is  hereby  author-  Sec.  3. 
ized,  when  in  his  opinion  the  same  can  be  done  without 
detriment  to  the  public  service,  to  detail  proper  officers 
of  the  navy  as  superintendents  of  or  instructors  in  such 
schools:  Provided^  That  if  any  such  school  shall  be  dis- 
continued, or  the  good  of  the  naval  service  shall  require, 
such  vessel  shall  be  immediately  restored  to  the  Secretary 
of  the  Navy  and  the  officers  so  detailed  recalled:  And 
provided  further^  That  no  person  shall  be  sentenced  to 
or  received  at  such  schools  as  a  punishment  or  commuta- 
tion of  punishment  for  crime. 

407.   Instruction  at  military  schools. 

The  President  be,  and  he  is  hereby,  authorized,  upon  Mar.  3, 1901. 
the  application  of  the  governor  of  any  State  having  sea-  "^""^  ^^'  ■^^^^• 
coast  line  or  bordering  on  one  or  more  of  the  Great  Lakes, 
to  direct  the  Secretary  of  the  Navy  to  furnish  to  one  well- 
established  military  school  in  that  State,  desiring  to 
afford  its  cadets  instruction  in  elementary  seamanship, 
one  fully  equipped  man-of-war's  cutter  for  every  twenty- 
five  cadets  in  actual  attendance,  and  such  other  equip- 
ment as  may  be  spared  and  be  deemed  adequate  for  in- 
struction in  elementary  seamanship:  Provided^  That  the 
said  school  shall  have  adequate  facilities  for  cutter  drill, 
and  shall  have  in  actual  attendance  at  least  one  hundred 
and  forty  cadets  in  uniform  receiving  military  instruc- 
tion and  quartered  in  barracks  under  military  regulation, 
and  shall  have  the  capacity  to  quarter  and  educate  at  the 
same  time  one  hundred  and  fifty  cadets:  And  provided 
further^  That  the  Secretary  of  the  Navy  shall  require  a 
bond  in  each  case,  in  double  the  value  of  the  property,  for 
the  care  and  safe-keeping  thereof  and  for  the  return  of 
the  same  when  required. 

The  Secretary  of  the  Navy  be,  and  he  is  hereby,  author-  June  so,  looe. 
ized  and  empowered  to  loan  temporarity  to  the  govern- 
ment of  the  Philippine  Islands,  upon  the  written  applica- 
tion of  the  Secretary  of  War,  a  vessel  of  the  United  States 
Navy,  to  be  selected  from  such  vessels  as  are  not  suitable 
or  required  for  general  service,  together  with  such  of  her 
apparel,  charts,  books,  and  instruments  of  navigation  as 
he  may  deem  proper,  said  vessel  to  be  used  only  by  such 
nautical  schools  as  are  or  may  hereafter  be  maintained  by 
said  government  of  the  Philippine  Islands:  Provided^ 
That  when  such  schools  shall  be  abandoned,  or  when  the 


412  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

interests  of  the  naval  service  shall  so  require,  such  vessel, 
together  with  her  apparel,  charts,  books,  and  instruments 
of  navigation,  shall  be  immediately  restored  to  the  cus- 
tody of  the  Secretary  of  the  Navy :  And  provided  further^ 
That  when  such  loan  is  made  to  the  government  of  the 
Philippine  Islands,  the  Secretary  of  the  Navy  is  author- 
ized to  detail  from  the  enlisted  force  of  the  Navy  a  suffi- 
cient number  of  men,  not  exceeding  six  for  any  vessel,  as 
ship  keepers,  the  men  so  detailed  to  be  additional  to  the 
number  of  enlisted  men  allowed  by  law  for  the  naval 
establishment,  and  in  making  details  for  this  service 
preference  shall  be  given  to  those  men  who  have  served 
twenty  years  or  more  in  the  Navy. 

408.  Instruction  in  shipbuilding. 

Feb.  2G,  1879.  -pov  the  purposc  of  promoting  a  knowledge  of  steam- 
engineering  and  iron-ship  building  among  the  young  men 
of  "the  United  States,  the  President  may,  upon  the  appli- 
cation of  an  established  scientific  school  or  college  vv'ithin 
the  United  States,  detail  an  officer  from  the  Engineer 
Corps  of  the  Navy  as  professor  in  such  school  or  college : 

Provided^  That  the  number  of  officers  so  detailed  shall 
not  at  any  time  exceed  twenty-five,  and  such  details  shall 
be  governed  by  rules  to  be  prescribed  from  time  to  time 
by  the  President: 

And  provided  further^  That  such  details  may  be  with- 
held or  withdrawn  whenever,  in  the  judgment  of  the 
President,  the  interests  of  the  public  service  shall  so 
require. 

409.  Naval  Militia. 

Aug.  3, 1894.  The  Secretary  of  the  Navy  is  hereby  authorized  and 
empowered  to  loan  temporarily  to  any  State,  upon  the 
written  application  of  the  governor  thereof,  a  vessel  of 
the  Navy,  to  be  selected  from  such  vessels  as  are  not  suit- 
able or  required  for  general  service,  together  with  such  of 
her  apparel,  charts,  books,  and  instruments  of  navigation 
as  he  may  deem  proper ;  said  vessel  to  be  used  only  hy  the 
regularly  organized  naval  militia  of  the  State  for  the 
purposes  of  drill  and  instruction :  Provided^  That  when 
the  organization  of  the  naval  militia  of  such  State  shall 
be  abandoned,  or  when  the  interests  of  the  naval  service 
shall  so  require,  such  vessel,  together  with  her  apparel, 
charts,  books,  and  instruments  of  navigation,  shall  be 
immediately  restored  to  the  custody  of  the  Secretary  of 
the  Navy:  ^And  provided  further^  That  when  such  loan  is 
made  to  the  governor  of  any  State,  the  Secretary  of  the 
NaA^y  is  authorized  to  detail  from  the  enlisted  force  of  the 
Navy  a  sufficient  number  of  men,  not  exceeding  six  for 
any  vessel,  as  shipkeepers,  the  men  so  detailed  to  be  addi- 
tional to  the  number  of  enlisted  men  allowed  by  law  for 
the  naval  establishment,  and  in  making  details  for  this 
service  preference  shall  be  given  to  those  men  who  have 
served  twenty  years  or  more  in  the  Navy. 


PART  XLI. MISCELLANEOUS.  413 

For  arms,  accoutemients,  ammunition,  medical  outfits,  ^^ar.  4,1911. 
fuel,  water  for  steaming  purposes,  and  clothing,  and  the 
printing  or  purchase  of  necessary  books  of  instruction, 
expenses  in  connection  with  the  organizing  and  training 
of  the  Naval  Militia  of  the  various  States,  Territories, 
and  the  District  of  Columbia,  under  such  regulations  as 
the  Secretary  of  the  Navy  may  prescribe,  including  sala- 
ries of  the  necessary  clerical  force  and  office  expenses  in 
the  Navy  Department,  at  Washington,  District  of  Colum- 
bia, one  hundred  and  twenty-five  thousand  dollars. 
410.   North  Atlantic  fisheries. 

In  the  judgment  of  Congress,  the  provisions  of  articles  ^^^r.  3, 1883. 
numberecl  eighteen  to  twenty-five,  inclusive,  and  of  article 
thirty  of  the  treaty  between  the  United  States  and  Her 
Britannic  Majesty,  for  an  amicable  settlement  of  all 
causes  of  difference  between  the  two  countries,  concluded 
at  Washington  on  the  eighth  day  of  May,  anno  Domini 
eighteen  hundred  and  seventy-one,  ought  to  be  terminated 
at  the  earliest  possible  time,  and  be  no  longer  in  force; 
and  to  this  end  the  President  be,  and  he  hereby  is, 
directed  to  give  notice  to  the  Government  of  Her  Bri- 
tannic Majesty  that  the  provisions  of  each  and  every  of 
the  articles  aforesaid  will  terminate  and  be  of  no  force  on 
the  expiration  of  two  years  next  after  the  time  of  giving 
such  notice. 

The  President-be,  and  he  hereby  is,  directed  to  give  and  See.  2. 
communicate  to  the  Government  of  Her  Britannic  Maj- 
esty such  notice  of  such  termination  on  the  first  day  of 
July,  anno  Domini  eighteen  hundred  and  eighty-three,  or 
as  apon  thereafter  as  may  be. 

A  Vn  and  after  the  expiration  of  the  two  years'  time  re-  See.  3. 
'qiiired  by  said  treaty,  each  and  every  of  said  articles  shall 
be  deemed  and  held  to  have  expired  and  be  of  no  force 
and  effect,  and  every  department  of  the  Government  of 
the  United  States  sliall  execute  the  laws  of  the  United 
States  (in  the  premises)  in  the  same  manner  and  to  the 
same  effect  as  if  said  articles  had  never  been  in  force; 
and  the  act  of  Congress  approved  March  first,  anno 
Domini  eighteen  hundred  and  seventy-three,  entitled  "An 
act  to  carry  into  effect  the  provisions  of  the  treaty  between 
the  United  States  and  Great  Britain,  signed  in  the  city 
of  Washington  the  eighth  day  of  May,  eighteen  hundred 
and  seventy-one,  relating  to  the  fisheries,'*  so  far  as  it 
relates  to  the  articles  of  said  treaty  so  to  be  terminated 
shall  be  and  stand  repealed  and  be  of  no  force  on  and 
after  the  time  of  the  expiration  of  said  two  years. 
411.   Supplies  for  foreign  war  vessels. 

The  privilege  of  purchasing  supplies  from  public  ware- 
houses, free  of  duty,  and  from  bonded  manufacturing   ^'^I'^i^ 
warehouses,  free  of  duty  or  of  internal-revenue  tax,  as 
the  case  may  be,  shall  be  extended,  under  such  regula- 
tions as  the  "Secretary  of  the  Treasury  shall  prescribe,  to 


R.  S.,  2982. 
A112.  5,  1909. 


414  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

the  vessels  of  war  of  any  nation  in  ports  of  the  United 
States  which  may  reciprocate  such  privileges  toward  the 
vessels  of  war  of  the  United  States  in  its  ports. 

412.   Navy  ration. 

R.  s.,  1580.  The  navy  rations  shall  consist  of  the  following  daily 
July  1, 1902:  allowance  of  provisions  to  each  person :  One  pound  and 
June  9,  .  ^  q^iarter  of  salt  or  smoked  meat,  with  three  ounces  of 
dried  or  six  ounces  of  canned  or  preserved  fruit,  and  three 
gills  of  beans  or  pease,  or  twelve  ounces  of  flour;  or  one 
pound  of  preserved  meat,  with  three  ounces  of  dried  or 
six  ounces  of  canned  or  preserved  fruit  and  eight  ounces 
of  rice  or  twelve  ounces  of  canned  vegetables,  or  six 
ounces  of  desiccated  vegetables ;  together  with  one  ponnd 
of  biscuit,  two  ounces  of  butter,  four  ounces  of  sugar, 
two  ounces  of  coffee  or  cocoa,  or  one-half  ounce  of  tea  and 
one  ounce  of  condensed  milk  or  evaporated  cream;  and 
a  weekly  allowance  of  one-quarter  pound  of  macaroni, 
found  ounces  of  cheese,  four  ounces  of  tomatoes,  one-half 
pint  of  vinegar  or  sauce,  one-quarter  pint  of  pickles,  one- 
quarter  pint  of  molasses,  four  ounces  of  salt,  one-half 
ounce  of  pepper,  one-eighth  ounce  of  spices,  and  one-half 
ounce  of  dry  mustard.  Seven  pounds  of  lard,  or  a  suit- 
able substitute,  shall  be  allowed  for  every  hundred  pounds 
of  flour  issued  as  bread,  and  such  quantities  of  yeast  and 
flavoring  extracts  as  may  be  necessary. 
R.  s.,  1581.  The  following  substitution  for  the  components  of  the 
Juno  2'9^i906  ^^^ion  may  be  made  when  deemed  necessary  by  the  senior 
'  officer  present  in  command :  "  For  one  and  one-quarter 
pounds  of  salt  or  smoked  meat  or  one  pound  of  preserved 
meat,  one  and  three-quarter  pounds  of  fresh  meat  or  ff^sh 
fish,  or  eight  eggs;  in  lieu  of  the  articles  usually  issued 
with  salt,  smoked  or  preserved  meat,  one  and  three-quar- 
ter pounds  of  fresh  vegetables;  for  one  pound  of  biscmit, 
one  and  one-quarter  pounds  of  soft  bread  or  eight(*3h 
ounces  of  flour ;  for  three  gills  of  beans  or  pease,  twelve 
ounces  of  flour  or  eight  ounces  of  rice  or  other  starch 
food,  or  twelve  ounces  of  canned  vegetables;  for  one 
pound  of  condensed  milk  or  evaporated  cream,  one  quart 
of  fresh  milk ;  for  three  ounces  of  dried  or  six  ounces  of 
canned  or  preserved  fruit,  nine  ounces  of  fresh  fruit ;  and 
for  twelve  ounces  of  flour  or  eight  ounces  of  rice  or  other 
starch  food,  or  twelve  ounces  of  canned  vegetables,  three 
gills  of  beans  or  pease;  in  lieu  of  the  weekly  allowance  of 
one-quarter  pound  of  macaroni,  four  ounces  of  cheese, 
one-half  pint  of  vinegar  or  sauce,  one-quarter  pint  of 
pickles,  one-quarter  pint  of  molasses,  and  one-eighth 
ounce  of  spices,  three  pounds  of  sugar,  or  one  and  a  half 


PART   XLI. MISCELLANEOUS.  415 

pounds  of  condensed  milk,  or  one  pound  of  coffee,  or  one 
iind  a  half  pounds  of  canned  fruit,  or  four  pounds  of 
fresh  vegetables,  or  four  pounds  of  flour. 

"An  extra  allowance  of  one  ounce  of  coffee  or  cocoa, 
two  ounces  of  sugar,  four  ounces  of  hard  bread  or  its 
equivalent,  and  four  ounces  of  preserved  meat  or  its 
equivalent  shall  be  allowed  to  enlisted  men  of  the  engineer 
and  dynamo  force  who  stand  night  watches  between  eight 
o'clock  postmeridian  and  eight  o'clock  antemeridian,  un- 
der steam." 

413.  Coal  and  war  materials. 

The  President  is  hereby  authorized,  in  his  discretion.  Apr.  22,  isos. 
and  with  such  limitations  and  exceptions  as  shall  seem  to 
him  expedient,  to  prohibit  the  export  of  coal  or  other  ma- 
terial used  in  war  from  any  seaport  of  the  United  States 
until  otherwise  ordered  by  the  President  or  by  Congress. 

414.  Mines,  torpedoes,  and  harbor  defenses. 

Whoever  shall  willfully  trespass  upon,  injure,  or  de-  Mar.  4,  iood. 
stroy  any  of  the  works  or  property  or  material  of  sltij  sub-  ^^^-  ^^• 
marine  mine  or  torpedo,  or  fortification  or  harbor-de- j^iy^/^sJg^'^* 
f ense  system  owned  or  constructed  or  in  process  of  con- '  ^      ' 
struction  by  the  United  States,  or  shall  willfully  inter- 
fere with  the  operation  or  use  of  any  such  submarine 
mine,   torpedo,    fortification,   or  harbor-defense   system, 
shall  be  fined  not  more  than  five  thousand  dollars,  or  im- 
prisoned not  more  than  five  years,  or  both.     [See  also  act 
March  4,  1909,  sec.  272,  p.  431.] 

415.  Sale  of  arms  and  liquors  to  Pacific  islanders. 

Whoever,  being  subject  to  the  authority  of  the  United  Mar.  4, 1909. 
States,  shall  give,  sell,  or  otherwise  supply  any  arms,  am-   ^^'c-  ^os. 
munition,    explosive    substance,    intoxicating*^  liquor,    or  ^J'^l^'l^l''^ 
opium  to  any  aboriginal  native  of  any  of  the  Pacific  seVs.  1-2. 
islands  lying  within  the  twentieth  parallel  of  north  lati- 
tude and  the  fortieth  parallel  of  south  latitude,  and  the 
one  hundred  and  twentieth  meridian  of  longitude  west 
and  one  hundr-v]  and  twentieth  meridian  of  longitude 
east  of  Greenwich,  not  being  in  the  possession  or  under 
the  protection  of  any  civilized  power,  shall  be  fined  not 
more  than  fifty  dollars,  or  imprisoned  not  more  than  three 
months,  or  both.      In  addition  to  such  punishment,  all  arti- 
cles of  a  similar  nature  to  those  in  respect  to  which  an 
offense  has  been  committed,  found  in  the  possession  of  the 
offender,  may  be  declared  forfeited.    If  it  shall  appear  to 
the  court  that  such  opium,  wine,  or  spirits  have  been  given 
bona  fide  for  medical  purposes,  it  shall  be  lawful  for  the 
court  to  dismiss  the  charge. 


416  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

Mar.  4, 1909.       j^w  offeiises  agaiiist  the  provisions  of  the  section  last 

p^^i  ^^f       t  pi^sceding,  committed  on  any  of  said  islands  or  on  the 

Feb/ 14,  1902,  Waters,  rocks,  or  keys  adjacent  thereto,  shall  be  deemed 

sec.  3.    '         '  committed  on  the  high  seas  on  board  a  merchant  ship  or 

vessel  belonging  to  the  United  States,  and  the  courts  of 

the  United  States  shall  have  jurisdiction  accordingly. 

416.   Panama  Canal. 

June  28, 1902.  The  President  of  the  United  States  is  hereby  authorized 
to  acqirtire,  for  and  on  behalf  of  the  United  States,  at  a 
cost  not  exceeding  forty  millions  of  dollars,  the  rights, 
privileges,  franchises,  concessions,  grants  of  land,  right  of 
way,  unfinished  work,  plants,  and  other  property,  real, 
personal,  and  mixed,  of  every  name  and  nature,  owned  by 
the  New  Panama  Canal  Company,  of  France,  on  the  Isth- 
mus of  Panama,  and  all  its  maps,  plans,  drawings,  records 
on  the  Isthmus  of  Panama  and  in  Paris,  including  all  the 
capital  stock,  not  less,  however,  than  sixty-eight  thousand 
eight  hundred  and  sixty-three  shares  of  the  Panama  Kail- 
road  Company^  owned  by  or  held  for  the  use  of  said  canal 
company,  provided  a  satisfactory  title  to  all  of  said  prop- 
erty can  be  obtained. 

Sec.  2.  The  President  is  hereby  authorized  to  acquire  from  the 

Eepublic  of  Colombia,  for  and  on  behalf  of  the  United 
States,  upon  such  terms  as  he  may  deem  reasonable,  per- 
petual control  of  a  strip  of  land,  the  territory  of  the 
Eepublic  of  Colombia,  not  less  than  six  miles  in  width, 
extending  from  the  Caribbean  Sea  to  the  Pacific  Ocean, 
and  the  right  to  use  and  dispose  of  the  waters  thereon, 
and  to  excavate,  construct,  and  to  perpetually  maintain, 
operate,  and  protect  thereon  a  canal,  of  such  depth  and 
capacity  as  will  afford  convenient  passage  of  ships  of  the 
greatest  tonnage  and  draft  now  in  use,  from  the  Caribbean 
Sea  to  the  Pacific  Ocean,  which  control  shall  include  the 
right  to  perjoetually  maintain  and  operate  the  Panama 
Railroad,  if  the  ownership  thereof,  or  a  controlling  inter- 
est therein,  shall  have  been  acquired  by  the  United  States, 
and  also  jurisdiction  over  said  strip  and  the  ports  at  the 
ends  thereof,  to  make  such  police  and  sanitary  rules  and 
regulations  as  shall  be  necessary  to  preserve  order  and 
preserve  the  public  health  thereon,  and  to  establish  such 
judicial  tribunals  as  may  be  agreed  upon  thereon  as  may 
be  necessary  to  enforce  such  rules  and  regulations. 

The  President  may  acquire  such  additional  territory 
and  rights  from  Colombia  as  in  his  judgment  will  facili- 
tate the  general  purpose  hereof. 

Sec.  3.  When  the  President  shall  have  arranged  to  secure  a 

satisfactory  title  to  the  property  of  the  New  Panama 
Canal  Company,  as  provided  in  section  one  hereof,  and 
shall  have  obtained  by  treaty  control  of  the  necessary  ter- 
ritory from  the  Republic  of  Colombia,  as  provided  in  sec- 
tion two  hereof,  he  is  authorized  to  pay  for  the  property 
of  the  New  Panama  Canal  Company*^  forty  millions  of 


PART    XLI. MISCELLANEOUS.  417 

dollars  and  to  the  Republic  of  Colombia  such  sum  as  shall 
have  been  agreed  upon,  and  a  sum  sufficient  for  both  said 
purposes  is  hereby  appropriated,  out  of  any  money  in  the 
Treasury  not  other\Yise  appropriated,  to  be  paid  on  Avar- 
rant  or  warrants  drawn  by  the  President. 

The  President  shall  then  through  the  Isthmian  Canal 
Commission  hereinafter  authorized  cause  to  be  excavated, 
constructed,  and  completed,  utilizing  to  that  end  as  far  as 
practicable  the  work  heretofore  done  by  the  New  Panama 
Canal  Company,  of  France,  and  its  predecessor  company, 
a  ship  canal  from  the  Caribbean  Sea  to  the  Pacific  Ocean. 
Such  canal  shall  be  of  sufficient  cai3acity  and  depth  as 
shall  afford  convenient  passage  for  vessels  of  the  largest 
tonnage  and  greatest  draft  now  in  use,  and  such  as  may 
be  reasonably  anticipated,  and  shall  be  supplied  with  all 
necessary  locks  and  other  appliances  to  meet  the  necessi- 
ties of  vessels  passing  through  the  same  from  ocean  to 
ocean ;  and  he  shall  also  cause  to  be  constructed  such  safe 
and  commodious  harbors  at  the  termini  of  said  canal,  and 
make  such  provisions  for  defense  as  may  be  necessary  for 
the  safety  and  protection  of  said  canal  and  harbors.  That 
the  President  is  authorized  for  the  purposes  aforesaid  to 
employ  such  persons  as  he  may  deem  necessary,  and  to  fix 
their  compensation. 

The  sum  of  ten  million  dollars  is  hereby  appropriated,   see.  5. 
out  of  any  money  in  the  Treasury  not  otherwise  appro- 
priated, toward  the  project  herein  contemplated  by  either 
route  so  selected. 

And  the  President  is  hereby  authorized  to  cause  to  be 
entered  into  such  contract  or  contracts  as  may  be  deemed 
necessary  for  the  proper  excavation,  construction,  com- 
pletion, and  defense  of  said  canal,  harbors,  and  defenses, 
by  the  route  finally  determined  upon  under  the  provisions 
of  this  Act.  Appropriations  therefor  shall  from  time  to 
time  be  hereafter  made,  not  to  exceed  in  the  aggregate 
the  additional  sum  of  one  hundred  and  thirty-five  mil- 
lions of  dollars  should  the  Panama  route  be  adopted,  or 
one  hundred  and  eighty  millions  of  dollars  should  the 
Nicaragua  route  be  adopted. 

In  any  agreement  with  the  Republic  of  Colombia,  or  sec.c. 
with  the  States  of  Nicaragua  and  Costa  Rica,  the  Presi- 
dent is  authorized  to  guarantee  to  said  Republic  or  to 
said  States  the  use  of  said  canal  and  harbors,  upon  such 
terms  as  may  be  agreed  upon,  for  all  vessels  owned  by 
said  States  or  by  citizens  thereof. 

To  enable  the  President  to  construct  the  canal  and  see.  7. 
works  appurtenant  thereto  as  provided  in  this  Act,  there 
is  hereby  created  the  Isthmian  Canal  Commission,  the 
same  to  be  composed  of  seven  members,  who  shall  be  nom- 
inated and  aj^pointed  by  the  President,  by  and  Avith  the  . 
advice  and  consent  of  the  Senate,  and  Avho  shall  serve 
until  the  completion  of  said  canal  unless  sooner  removed 
96694°— 11 27 


418  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

by  the  President,  and  one  of  whom  shall  be  named  as  the 
chairman  of  said  Commission.  Of  the  seven  members  of 
said  Commission  at  least  four  of  them  shall  be  persons 
learned  and  skilled  in  the  science  of  engineering,  and  of 
the  four  at  least  one  shall  be  an  officer  of  the  United 
States  Army,  and  at  least  one  other  shall  be  an  officer  of 
the  United  States  Navy,  the  said  officers  respectively  be- 
ing either  upon  the  active  or  the  retired  list  of  the  Army  or 
of  the  Navy.  Said  commissioners  shall  each  receive  such 
compensation  as  the  President  shall  prescribe  until  the 
same  shall  have  been  otherwise  lixed  by  the  Congress.  In 
addition  to  the  members  of  said  Isthmian  Canal  Commis- 
sion, the  President  is  hereby  authorized  through  said 
Commission  to  employ  in  said  service  any  of  the  engi- 
neers of  the  United  States  Army  at  his  discretion,  and 
likewise  to  employ  any  engineers  in  civil  life,  at  his  dis- 
cretion, and  any  other  persons  necessary  for  the  proper 
and  expeditious  prosecution  of  said  work.  The  com- 
pensation of  all  such  engineers  and  other  persons  em- 
ployed under  this  Act  shall  be  fixed  by  said  Commission, 
subject  to  the  approval  of  the  President.  The  official 
salary  of  any  officer  appointed  or  employed  under  this 
Act  shall  be  deducted  from  the  amount  of  salary  or 
comjDensation  provided  by  or  which  shall  be  fixed  under 
the  terms  of  this  Act.  Said  Commission  shall  in  all  mat- 
ters be  subject  to  the  direction  and  control  of  the  Presi- 
dent, and  shall  make  to  the  President  annually  and  at 
such  other  periods  as  may  be  required,  either  b}^  law  or 
by  the  order  of  the  President,  full  and  complete  reports 
of  all  their  actings  and  doings  and  of  all  moneys  received 
and  expended  in  the  construction  of  said  work  and  in  the 
performance  of  their  duties  in  connection  therewith, 
which  said  reports  shall  be  by  the  President  transmitted 
to  Congress.  And  the  said  Commission  shall  further- 
more give  to  Congress,  or  either  House  of  Congress,  such 
information  as  may  at  any  time  be  required  either  by 
Act  of  Congress  or  by  the  order  of  either  House  of  Con- 
gress. The  President  shall  cause  to  be  provided  and  as- 
signed for  the  use  of  the  Commission  such  offices  as  may, 
with  the  suitable  equipment  of  the  same,  be  necessary  and 
proper,  in  his  discretion,  for  the  proper  discharge  of  the 
duties  thereof. 
Sec.  8.  The  Secretary  of  the  Treasury  is  hereby  authorized  to 

borrow  on  the  credit  of  the  United  States  from  time  to 
time,  as  the  proceeds  may  be  required  to  defray  expendi- 
tures authorized  by  this  Act  (such  proceeds  Avhen  re- 
ceived to  be  used  onh^  for  the  purpose  of  meeting  such 
expenditures),  the  sum  of  one  hundred  and  thirty  million 
dollars,  or  so  much  thereof  as  may  be  necessary,  and  to 
prepare  and  issue  therefor  coupon  or  registered  bonds  of 
the  United  States  in  such  form  as  he  may  prescribe,  and 
in  denominations  of  twenty  dollars  or  some  muhiple  of 
that  sum,  redeemable  in  gold  coin  at  the  pleasure  of  the 
United  States  after  ten  years  from  the  date  of  their  issue, 


PART    XLI. MISCELLANEOUS.  419 

and  payable  thirty  years  from  such  date,  and  bearing 
interest  payable  quarterly  in  gold  coin  at  the  rate  of  two 
per  centum  per  annum ;  and  the  bonds  herein  authorized 
shall  be  exempt  from  all  taxes  or  duties  of  the  United 
States,  as  well  as  from  taxation  in  any  form  by  or  under 
State,  municipal,  or  local  authority:  Provided^  That  said 
bonds  may  be  disposed  of  by  the  Secretary  of  the  Treas- 
ury at  not  less  than  par,  under  such  regulations  as  he 
may  prescribe,  giving  to  all  citizens  of  the  United  States 
an  equal  opportunity  to  subscribe  therefor,  but  no  com- 
missions shall  be  allowed  or  paid  thereon ;  and  a  sum  not 
exceeding  one-tenth  of  one  per  centum  of  the  amount  of 
the  bonds  herein  authorized  is  hereby  appropriated,  out 
of  any  money  in  the  Treasury  not  otherwise  appropriated, 
to  pay  the  expense  of  preparing,  advertising,  and  issuing 
the  same. 

The  President  is  hereby  authorized,  upon  the  acquisi-  ^p^.  2s,  1904. 
tion  of  the  property  of  the  New  Panama  Canal  Company 
and  the  payment  to  the  Republic  of  Panama  of  the  ten 
millions  of  dollars  provided  by  article  fourteen  of  the 
treaty  between  the  United  States  and  the  Republic  of 
Panama,  the  ratifications  of  which  were  exchanged  on  the 
twenty-sixth    day   of   February,   nineteen   hundred   and 
four,  to  be  paid  to  the  latter  Government,  to  take  posses- 
sion of  and  occupy  on  behalf  of  the  United  States  the 
zone  of  land  and  land  under  water  of  the  width  of  ten 
miles,  extending  to  the  distance  of  five  miles  on  each  side 
of  the  center  line  of  the  route  of  the  canal  to  be  con- 
structed thereon,  which  said  zone  begins  in  the  Caribl^ean 
Sea  three  marine  miles  from  mean  low-water  mark  and 
extends  to  and  across  the  Isthmus  of  Panama  into  the 
Pacific  Ocean  to  the  distance  of  three  marine  miles  from 
mean  low^-water  mark,  and  also  of  all  islands  within  said 
zone,  and  in  addition  thereto  the  group  of  islands  in  the 
Bay  of  Panama  named  Perico,  Xaos,  Culebra,  and  Fla- 
menco, and,  from  time  to  time,  of  any  lands  and  waters 
outside  of  said  zone  which  may  be  necessary  and  conven- 
ient for  the  construction,  maintenance,  operation,  sani- 
tation, and  protection  of  the  said  canal,  or  of  any  auxil- 
iary canals  or  other  works  necessary  and  convenient  for 
the  construction,  maintenance,  operation,  sanitation,  and 
protection  of  said  enterprise,  the  use,  occupation,  and  con- 
trol whereof  were  granted  to  the  United  States  by  article 
two  of  said  treaty.     The  said  zone  is  hereinafter  referred 
to  as  "  the  Canal  Zone."     The  payment  of  the  ten  mil- 
lions of  dollars  provided  by  article  fourteen  of  said  treaty 
shall  be  made  in  lieu  of  the  indefinite  appropriation  made 
in  the  third  section  of  the  Act  of  June  twenty-eighth, 
nineteen  hundred  and  two,  and  is  hereby  appropriated 
for  said  purpose. 

Until  the  expiration  of  the  Fifty-eighth  Congress,  un- 
less provision  for  the  temporary  government  of  the  Canal 
Zone  be  sooner  made  by  Congress,  all  the  military,  civil, 
and  judicial  powers  as  well  as  the  power  to  make  all 


420  NAVIGATION   LAWS    OF   THE   UNITED    STATES. 

rules  and  regulations  necessary  for  the  government  of  the 
Canal  Zone  and  all  the  rights,  powers,  and  authority 
granted  by  the  terms  of  said  treaty  to  the  United  States 
shall  be  vested  in  such  person  or  persons  and  shall  be 
exercised  in  such  manner  as  the  President  shall  direct  for 
the  government  of  said  Zone  and  maintaining  and  pro- 
tecting the  inhabitants  thereof  in  the  free  enjoyment  of 
their  hberty,  property  and  religion. 

June  25, 190(3.      Purcliascs  of  material  and  equipment  for  use  in  the 

J.  lies.  construction  of  the  Panama  Canal  shall  be  restricted  to 

articles  of  domestic  production  and  manufacture,  from 
the  lowest  responsible  bidder,  unless  the  President  shall, 
in  any  case,  deem  the  bids  or  tenders  therefor  to  be  extor- 
tionate or  unreasonable. 

June  20, 1906.  ^\  \q(>\^  caual  be  constructed  across  the  Isthmus  of 
Panama  connecting  the  waters  of  the  Atlantic  and  Pa- 
cific oceans,  of  the  general  type  proposed  by  the  minority 
of  the  Board  of  Consulting  Engineers,  created  by  order 
of  the  President  dated  January  twenty-fourth,  nineteen 
hundred  and  five,  in  pursuance  of  an  Act  entitled  "An 
Act  to  provide  for  the  construction  of  a  canal  connecting 
the  waters  of  the  Atlantic  and  Pacific  oceans,"  approved 
June  twenty-eighth,  nineteen  hundred  and  two. 

Mar.  2, 1905.  y|  j.^^yg  affecting  imports  of  articles,  goods,  wares,  and 
merchandise  and  entry  of  persons  into  the  United  States 
from  foreign  countries  sliall  apply  to  articles,  goods, 
Avares,  and  merchandise  and  persons  coming  from  the 
Canal  Zone.  Isthmus  of  l^anama,  and  seeking  entry  into 
any  State  or  Territory  of  the  United  States  or  the  Dis- 
trict of  Columbia. 
417.    Great  Lakes- Atlantic  Canal. 

Mar.  2, 1895.  The  President  of  the  United  States  is  authorized  to 
appoint,  immediately  after  the  passage  of  this  Act,  three 
persons,  who  shall  have  power  to  meet  and  confer  Avith 
any  similar  committee  which  may  be  appointed  by  the 
Government  of  Great  Britain  or  of  the  Dominion  of 
Canada,  and  who  shall  make  inquiry  and  report  whether 
it  is  feasible  to  build  such  canals  as  shall  enable  vessels 
engaged  in  ocean  commerce  to  pass  to  and  fro  between  the 
Great  Lakes  and  the  Atlantic  Ocean,  wdth  an  adequate 
and  controllable  supply  of  water  for  continual  use;  w^here 
such  canals  can  be  most  conveniently  located,  the  prob- 
able cost  of  the  same,  with  estimates  in  detail;  and  if  any 
part  of  the  same  should  be  built  in  the  territory  of  Can- 
ada, what  regulations  or  treaty  arrangements  will  be 
necessary  between  the  United  States  and  Great  Britain  to 
preserve  the  free  use  of  such  canal  to  the  people  of  this 
country  at  all  times;  and  all  necessary  facts  and  consid- 
erations relating  to  the  construction  and  future  use  of 
deep-water  channels  between  the  Great  Lakes  and  the 
Atlantic  Ocean.  The  persons  so  appointed  shall  serve 
without  comioensation  in  any  form,  but  they  shall  be  paid 
their  actual  traveling  and  other  necessary  expenses,  not 


PART   XLI. MISCELLANEOUS.  421 

exceeding  in  all  ten  thousand  dollars,  for  which  purpose 
the  said  sum  of  ten  thousand  dollars,  or  so  much  thereof 
as  may  be  necessar}^,  is  hereby  appropriated.  The  Presi- 
dent may,  in  his  discretion,  detail  as  one  of  such  persons 
an  officer  of  the  Army  or  Navy. 
418.   Great  Lakes'  levels. 

The  President  of  the  United  States  is  hereby  requested  -Tune  i8, 1902. 
to  invite  the  Government  of  Great  Britain  to  join  in  the  ^^^•^• 
formation  of  an  international  commission,  to  be  composed 
of  three  members  from  the  United  States  and  three  who 
shall  represent  the  interests  of  the  Dominion  of  Canada, 
whose  duty  it  shall  be  to  investigate  and  report  upon  the 
conditions  and  uses  of  the  waters  adjacent  to  the  bound- 
ary lines  betw^een  the  United  States  and  Canada,  includ- 
ing all  of  the  waters  of  the  lakes  and  rivers  whose  natural 
outlet  is  by  the  River  Saint  Lawrence  to  the  Atlantic 
Ocean ;  also  upon  the  maintenance  and  regulation  of  suit- 
able levels;  and  also  upon  the  effect  upon  the  shores  of 
these  waters  and  the  structures  thereon,  and  upon  the  in- 
terests of  navigation,  by  reason  of  the  diversion  of  these 
waters  from  or  change  in  their  natural  flow ;  and,  further, 
to  report  upon  the  necessary  measures  to  regulate  such 
diversion,  and  to  make  such  recommendations  for  im- 
provements and  regulations  as  shall  best  subserve  the  in- 
terests of  navigation  in  said  waters.  The  said  commis- 
sioners shall  report  upon  the  advisability  of  locating  a 
dam  at  the  outlet  of  Lake  Erie,  with  a  view  to  determin- 
ing whether  such  dam  will  benefit  navigation,  and  if  such 
structure  is  deemed  advisable,  shall  make  recommenda- 
tions to  their  respective  Governments  looking  to  an  agree- 
ment or  treaty  which  shall  provide  for  the  construction 
of  the  same,  and  they  shall  make  an  estimate  of  the  prob- 
able cost  thereof.  The  President,  in  selecting  the  three 
members  of  said  Commission  who  shall  represent  the 
United  States,  is  authorized  to  appoint  one  officer  of  the 
Corps  of  Engineers  of  the  United  States  Army,  one  civil 
engineer  well  versed  in  the  hydraulics  of  the  Great  Lakes, 
and  one  lawyer  of  experience  in  questions  of  international 
and  riparian  law,  and  said  Commission  shall  be  author- 
ized to  employ  such  persons  as  it  may  deem  needful  in 
the  performance  of  the  duties  hereby  imposed;  and  for 
the  purpose  of  paying  the  expenses  and  salaries  of  said 
Commission  the  Secretary  of  War  is  authorized  to  ex- 
pend from  the  amounts  heretofore  appropriated  for  the 
Saint  Marys  River  at  the  Falls,  the  sum  of  twenty  thou- 
sand dollars,  or  so  much  thereof  as  may  be  necessary  to 
pay  that  portion  of  the  expenses  of  said  Commission 
chargeable  to  the  United  States. 

419.   Employment  of  vessels  of  the  United  States  for  public 
purposes. 

Vessels  of  the  United  States,  or  belonging  to  the  United   Apr.  28,  1904. 
States,  and  no  others,  shall  be  employed  in  the  transp-n^- 
tation  by  sea  of  coal,  provisions,  fodder,  or  supplies  of 


422  i^AVIGATION   LAWS   OF   THE   UNITED   STATES. 

any  description,  purchased  pursuant  to  Law,  for  the  use  of 
the  Army  or  Navy  unless  the  President  shall  find  that  the 
rates  of  freight  charges  by  said  A-essels  are  excessive  and 
unreasonable,  in  which  case  contracts  shall  be  made  under 
the  law  as  it  now  exists:  Provided^  That  no  greater 
charges  be  made  b}^  such  vessels  for  transportation  of  ar- 
ticles for  the  use  of  the  said  Army  and  Nav}'  than  are 
made  by  such  vessels  for  transportation  of  like  goods  for 
private  parties  or  companies. 

420.  Exemption  of  private  property  at  sea. 

28' i9u!'  ^^''  ^^  ^^  ^^^  ^^^^^  ^^  ^^^.  Congress  of  the  United  States  that 
it  is  desirable,  in  the  interest  of  uniformity  of  action  by 
rhe  maritime  states  of  the  world  in  time  of  war,  that  the 
President  endeavor  to  bring  about  an  understanding 
among  the  principal  maritime  powers  with  a  view  of  in- 
corporating into  the  permanent  law^  of  civilized  nations 
the  principle  of  the  exemption  of  all  private  property  at 
sea,  not  contraband  of  war,  from  capture  or  destruction 
by  belligerents. 

421.  Hospital  ships. 

Mar.  24, 1908.  Hospital  ships,  concerning  which  the  conditions  set 
forth  in  articles  one,  two,,  and  three  of  the  convention 
concluded  at  The  Hague  on  July  twenty-ninth,  eighteen 
hundred  and  ninety-nine,  for  the  adaptation  to  maritime 
warfare  of  the  principles  of  the  Geneva  convention  of 
August  twenty-second,  eighteen  hundred  and  sixty-four, 
are  fulfilled,  shall,  in  the  ports  of  the  United  States  and 
the  possessions  thereof,  be  exempted,  in  time  of  war,  from 
all  (lues  and  taxes  imposed  on  vessels  by  the  laws  of  the 
United  States,  and  from  all  pilotage  charges. 

Sec.  2.  The  President  of  the  United  States  shall  by  proclama- 

tion name  the  hospital  ships  to  which  this  Act  "shall  apply, 
and  shall  indicate  the  time  when  the  exemptions  herein 
p^rovided  for  shall  begin  and  end. 

422.  Sponge  fishing. 

June  20, 1906.  From  and  after  May  first,  anno  Domini  nineteen  hun- 
dred and  seven,  it  shall  be  unlawful  to  land,  deliver,  cure, 
or  offer  for  sale  at  any  port  or  place  in  the  United  States 
any  sponges  taken  by  means  of  diving  or  diving  appa- 
ratus from  the  waters  of  the  Gulf  of  Mexico  or  Straits  of 
Florida:  Provided^  That  sponges  taken  or  gathered  by 
such  process  between  October  first  and  ^lay  first  of  each 
year  in  a  greater  depth  of  water  than  fifty'  feet  shall  not 
be  subject  to  the  provisions  of  this  Act:  And  provided 
further^  That  no  sponges  taken  from  said  waters  shall  be 
landed,  delivered,  cured,  or  ofiered  for  sale  at  any  port  or 
place  in  the  United  States  of  a  smaller  size  than  four 
inches  in  diameter. 

^^^•2-  Every  person  guilty  of  a  violation  of  this  Act  shall  for 

each  offense  be  liable  to  a  fine  of  not  less  than  one  hundred 


Sec.  4. 


Mar.  4,  1911. 


PART    XLI. MISCELLANEOUS.  423 

dollars  or  more  than  five  hundred  dollars,  which  fine  shall 
be  a  lien  against  the  vessel  on  which  the  offense  was  com- 
mitted. And  every  vessel  used  or  employed  in  violation 
of  this  Act  shall  be  liable  to  a  fine  of  not  less  than  one 
hundred  dollars  or  more  than  five  hundred  dollars  or  for- 
feiture, and  shall  be  seized  and  proceeded  against  by 
process  of  libel  in  any  court  having  jurisdiction  of  the 
offense. 

Any  violation  of  this  Act  shall  be  prosecuted  in  the  dis-   ^^^'  ^• 
trict  court  of  the  United  States  of  the  district  wherein  the 
offense  was  committed. 

It  shall  be  the  duty  of  the  Secretary  of  Commerce  and 
Labor  to  enforce  the  provisions  of  this  Act,  and  upon  his 
request  the  Secretary  of  the  Treasury  and  the  Secretary 
of  the  Navy  may  employ  the  vessels  of  the  Revenue- 
Cutter  Service  and  of  the  Navy,  respectively,  to  that  end. 

423.  Protection  of  sponge  fisheries  [Bureau  of  Fisheries]. 

For  expenses  in  protecting  the  sponge  fisheries,  includ- 
ing employment  of  inspectors,  watchmen  and  temporary 
assistants,  hire  of  boats,  rental  of  office  and  storage,  care 
of  seized  sponges  and  other  property,  travel,  and  all  other 
expenses  necessary  to  carry  out  the  provisions  of  the  Act 
of  June  twentieth,  nineteen  hundred  and  six,  to  regulate 
the  sponge  fisheries,  five  thousand  dollars. 

424.  Liens  on  vessels. 

Any  person  furnishing  repairs,  supplies,  or  other  neces-  J"°e  23, 1910. 
saries,  including  the  use  of  dry  dock  or  marine  railway, 
to  a  vessel,  whether  foreign  or  domestic,  upon  the  order 
of  the  owner  or  owners  of  such  vessel,  or  of  a  person  by 
him  or  them  authorized,  shall  have  a  maritime  lien  on  the 
vessel  which  may  be  enforced  by  a  proceeding  in  rera, 
and  it  shall  not  be  necessary  to  allege  or  prove  that  credit 
was  given  to  the  vessel. 

The  following  persons  shall  be  presumed  to  have  au- 
thority from  the  owner  or  owners  to  procure  repairs, 
supplies,  and  other  necessaries  for  the  vessel:  The  man- 
aging owner,  ship's  husband,  master,  or  any  person  to 
whom  the  management  of  the  vessel  at  the  port  of  supply 
is  intrusted.  No  person  tortiously  or  unlawfully  in  pos- 
session or  charge  of  a  vessel  shall  have  authority  to  bind 
the  vessel. 

The  officers  and  agents  of  a  vessel  specified  in  section  ^^^-^ 
two  shall  be  taken  to  include  such  officers  and  agents 
when  appointed  by  a  charterer,  by  an  owner  pro  hac  vice, 
or  by  an  agreed  purchaser  in  possession  of  the  vessel,  but 
nothing  iiT  this  Act  shall  be  construed  to  confer  a  lien 
when  the  furnisher  knew,  or  by  the  exercise  of  reasonable 
diligence  could  have  ascertained,  that  because  of  the  temas 
of  a  charter  party,  agreement  for  sale  of  the  vessel,  or 
for  any  other  reason,  the  person  ordering  the  repairs, 


Sec.  2. 


424  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

supplies,  or  other  necessaries  was  without  authority  to 
bind  the  vessel  therefor. 

^^^'  ■**  Nothing  in  this  Act  shall  be  construed  to  prevent  a 

furnisher  of  repairs,  supplies,  or  other  necessaries  from 
waiving  his  right  to  a  lien  at  any  time,  by  agreement  or 
otherAvise,  and  this  Act  shall  not  be  construed  to  affect 
the  rules  of  law  now  existing,  either  in  regard  to  the  right 
to  proceed  against  a  vessel  for  advances,  or  in  regard  to 
laches  in  the  enforcement  of  liens  on  vessels,  or  in  regard 
to  the  priority  or  rank  of  liens,  or  in  regard  to  the  right 
to  proceed  in  personam. 

^^^-  ^'  This  Act  shall   supersede  the   provisions  of  all  state 

statutes  conferring  liens  on  vessels  in  so  far  as  the  same 
purport  to  create  rights  of  action  to  be  enforced  by  pro- 
ceedings in  rem  against  vessels  for  repairs,  supplies,  and 
other  necessaries. 

425.    Wireless  equipment  on  passeng-er  vessels. 

June  24, 1010.  From  and  after  the  first  day  of  July,  nineteen  hundred 
and  eleven,  it  shall  be  unlawful  for  any  ocean-going 
steamer  of  the  United  States,  or  of  any  foreign  country, 
carrying  passengers  and  carrying  fifty  or  more  persons, 
including  passengers  and  crew,  to  leave  or  attempt  to 
leave  any  port  of  the  United  States  unless  such  steamer 
shall  be  equipped  with  an  efficient  apparatus  for  radio- 
communication,  in  good  working  order,  in  charge  of  a 
person  skilled  in  the  use  of  such  apparatus,  which  appa- 
ratus shall  be  capable  of  transmitting  and  receiving  mes- 
sages over  a  distance  of  at  least  one  hundred  miles,  night 
or  day:  Pro  ruled.  That  the  provisions  of  this  Act  shall 
not  apply  to  steamers  plying  only  between  ports  less 
than  two  hundred  miles  apart. 

^®^-  2-  For  the  purpose  of  this  Act  apparatus  for  radio-com- 

munication shall  not  be  deemed  to  be  efficient  unless  the 
company  installing  it  shall  contract  in  writing  to  ex- 
change, and  shall,  in  fact,  exchange,  as  far  as  may  be 
physically  practicable,  to  be  determined  by  the  master 
of  the  vessel,  messages  with  shore  or  ship  stations  using 
other  systems  of  radio-communication. 

Sec.  3.  The  master  or  other  person  l)eing  in  charge  of  any 

such  vessel  which  leaves  or  attempts  to  leave"  any  port 
of  the  United  States  in  violation  of  any  of  the  provisions 
of  this  Act  shall,  upon  conviction,  be  fined  in  a  sum  not 
more  than  five  thousand  dollars,  and  any  such  fine  shall 
be  a  lien  upon  such  vessel,  and  such  vessel  may  be  libeled 
therefor  in  any  district  court  of  the  United  States  within 
the  jurisdiction  of  which  such  vessel  shall  arrive  or 
depart,  and  the  leaving  or  attempting  to  leave  each  and 
every  port  of  the  United  States  shall  constitute  a  separate 
offense. 

Sec.  4.  ji^Q  Secretary  of  Commerce  and  Labor  shall  make  such 

regulations  as  may  be  necessary  to  secure  the  proper  exe- 


PART   XLI. MISCELLANEOUS.  425 

cution  of  this  Act  by  collectors  of  customs  and  other 
officers  of  the  Government. 

Wireless  communication:  To  enable  the  Secretary  of  Mar. 4,1911. 
Commerce  and  Labor  to  enforce  the  Act  approved  June 
twenty-fourth,  nineteen  hundred  and  ten,  entitled  "An 
Act  to  require  apparatus  and  operators  for  radio-com- 
munication on  certain  ocean  steamers;"  and  to  employ 
such  persons  and  means  as  may  be  necessary,  seven  thou- 
sand dollars. 

426.  Enforcement  of  navigation  laws. 

To  enable  the  Secretary  of  Commerce  and  Labor  to  ^^ar.  4, 1011. 
provide  and  operate  such  motor  boats  and  employ  thereon 
such  persons  as  may  be  necessary  for  the  enforcement, 
under  his  direction  by  customs  officers,  of  the  laws  relat- 
ing to  the  navigation  and  inspection  of  A^essels,  boarding 
of  vessels,  and  counting  of  passengers  on  excursion  boats, 
fifteen  thousand  dollars. 

427.  Licensing  of  custom-house  brokers. 

The  collector  or  chief  officer  of  the  customs  at  any  port  June  10, 1910. 
of  entry  or  delivery  shall,  upon  application,  issue  to  any 
person  of  good  moral  character,  being  a  citizen  of  the 
United  States  a  license  to  transact  business  as  a  custom- 
house broker  in  the  collection  district  in  which  such 
license  is  issued,  and  on  and  after  sixty  days  from  the 
approval  of  this  Act  no  person  shall  transact  business  as 
a  custom-house  broker  without  a  license  granted  in  ac- 
cordance with  this  provision ;  but  this  Act  shall  not  be  so 
construed  as  to  prohibit  any  person  from  transacting  busi- 
ness at  a  custom-house  pertaining  to  his  own  importations. 

The  collector  or  chief  officer  of  the  customs  may  at  any  see.  2. 
time,  for  good  and  sufficient  reasons,  serve  notice  in  writ- 
ing upon  any  custom-house  broker  so  licensed  to  show 
cause  why  said  license  shall  not  be  revoked,  which  notice 
shall  be  in  the  form  of  a  statement  specifically  setting 
forth  the  grounds  of  complaint.  The  collector  or  chief 
officer  of  customs  shall  within  ten  days  thereafter  notify 
the  custom-house  broker  in  writing  of  a  hearing  to  be  held 
before  him  within  five  days  upon  said  charges.  At  such 
hearing  the  custom-house  broker  may  be  represented  by 
counsel,  and  all  proceedings,  including  the  proof  of  the 
charges  and  the  answer  thereto,  shall  be  presented,  with 
right  of  cross-examination  to  both  parties,  and  a  steno- 
graphic record  of  the  same  shall  be  made  and  a  copy 
thereof  shall  be  delivered  to  the  custom-house  broker.  At 
the  conclusion  of  such  hearing  the  collector  or  chief  officer 
of  customs  shall  forthwith  transmit  all  papers  and  the 
stenographic  report  of  the  hearing,  which  shall  consti- 
tute the  record  in  the  case,  to  the  Secretary  of  the  Treas- 
ury for  his  action.  Thereupon  the  said  Secretary  of  the 
Treasury  shall  have  the  right  to  revoke  the  license  of  any 
custom-house  broker,  in  which  case  formal  notice  shall  be 
given  such  custom-house  broker  within  ten  days. 


426  NAVIGATION   LAWS   OP   THE   UNITED   STATES. 

Sec.  3.  ^ny  licensed  custom-house  broker  aggrieved  by  the  deci- 

sion of  the  Secretary  of  the  Treasury  may,  within  thirty 
days  thereafter,  and  not  afterwards,  apply  to  the  United 
States  circuit  court  for  the  circuit  in  which  the  collec- 
tion district  is  situated  for  a  review  of  such  decision. 
Such  application  shall  be  made  by  filing  in  the  office  of 
the  clerk  of  said  court  a  petition  praying  relief  in  the 
premises.  Thereupon  the  court  shall  immediately  give 
notice  in  writing  of  such  application  to  the  Secretary 
of  the  Treasury,  who  shall  forthwith  transmit  to  said 
court  the  record  and  evidence  taken  in  the  case,  together 
with  a  statement  of  his  decision  therein.  The  filing  of 
such  application  shall  operate  as  a  stay  of  the  revocation 
of  the  license.  The  matter  may  be  brought  on  to  be 
heard  before  the  said  court  in  the  same  manner  as  a 
motion,  by  either  the  United  States  district  attorney  or 
the  attorney  for  the  custom-house  broker,  and  the  de- 
cision of  said  United  States  circuit  court  for  the  circuit 
in  which  the  collection  district  is  situated  shall  be  upon 
the  merits  as  disclosed  by  the  record  and  be  final,  and 
the  proceedings  remanded  to  the  Secretary  of  the  Treas- 
ury for  further  action  to  be  taken  in  accordance  with 
the  terms  of  the  decree. 

Sec.  4.  The  Secretary  of  the  Treasury  shall  prescribe  regula- 

tions necessary  or  convenient  for  carrying  this  Act  into 
effect. 

Sec.  5.  The  word  person  wherever  used  in  this  Act  shall  in- 

clude persons,  copartnerships,  associations,  joint  stock 
associations  and  corporations. 

Mar.  3, 1911.  Hereafter  Avhen  there  is  cargo  space  available  without 
displacing  military  supplies,  transportation  [or  army 
transport]  may  be  provided  for  merchandise  of  Ameri- 
can production  consigned  to  residents  and  mercantile 
firms  of  the  island  of  Guam,  rates  and  regulations  there- 
for to  be  prescribed  by  the  Secretary  of  War. 


Part  XLII.— LEGAL  PEOCEDURE. 


428.    Seizure.  |  429.    Summary  trial. 

428.   Seizure. 

Proceedings  on  seizures,  for  forfeiture  under  any  law  R-  S-,  734. 
of  the  United  States,  made  on  the  high  seas  may  be  prose- 
cuted in  any  district  into  which  the  propert}^  so  seized  is 
brought  and  proceedings  instituted.  Proceedings  on  such 
seizures  made  within  any  district  shall  be  prosecuted  in 
the  district  where  the  seizure  is  made,  except  in  cases 
where  it  is  otherwise  provided. 

AVhen  any  vessel,  goods,  w^ares,  or  merchandise  are  ^-  ^•'  ^-^* 
seized  by  an  officer  of  the  customs,  and  prosecuted  for  for- 
feiture by  virtue  of  any  law  respecting  the  revenue,  or  the 
registering  or  recording,  or  the  enrolling  and  licensing  of 
vessels,  the  court  shall  cause  fourteen  days'  notice  to  be 
given  of  such  seizure  and  libel,  by  causing  the  substance 
of  such  libel,  with  the  order  of  the  court  thereon,  setting 
forth  the  time  and  place  appointed  for  trial,  to  be  in- 
serted in  some  newspaper  published  near  the  place  of 
seizure,  and  by  posting  up  the  same  in  the  most  public 
manner  for  the  space  of  fourteen  days,  at  or  near  the 
place  of  trial;  and  proclamation  shall  be  made  in  such 
manner  as  the  court  shall  direct.  And  if  no  person  ap- 
pears and  claims  such  vessels,  goods,  wares,  or  merchan- 
dise, and  gives  bond  to  defend  the  prosecution  thereof 
and  to  respond  the  cost  in  case  he  shall  not  support  his 
claim,  the  court  shall  proceed  to  hear  and  determine  the 
cause  according  to  law. 

All  vessels,  goods,  wares,  or  merchandise  which  shall  be  ^-  S--  ^2^- 
condemned  by  virtue  of  any  law  respecting  the  revenue 
from  imports  or  tonnage,  or  the  registering  and  recording, 
or  the  enrolling  or  licensing  of  vessels,  and  for  which 
bonds  shall  not  have  been  given  by  the  claimant,  shall  be 
sold  by  the  marshal  or  other  proper  officer  of  the  court  in 
which  condemnation  shall  be  had,  to  the  highest  bidder, 
at  public  auction,  by  order  of  such  court,  and  at  such 
place  as  the  court  may  appoint,  giving  at  least  fifteen 
days'  notice  (except  in  cases  of  perishable  merchandise) 
in  one  or  more  of  the  public  newspapers  of  the  place 
where  such  sale  shall  be;  or  if  no  paper  is  published  in 
such  place,  in  one  or  more  of  the  papers  published  in  the 

427 


428  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

nearest  place  thereto;  for  which  advertismg,  a  sum  not 
exceeding  five  doUars  shall  be  paid.  And  the  amount  of 
such  sales,  deducting  all  proper  charges,  shall  be  paid 
within  ten  days  after  such  sale  by  the  persons  selling  the 
same  to  the  clerk  or  other  proper  officer  of  the  court 
directing  such  sale,  to  be  by  him,  after  deducting  the 
charges  allowed  by  the  court,  paid  to  the  collector  of  the 
district  in  which  such  seizure  or  forfeiture  has  taken 
place,  as  hereinbefore  directed. 

R.  s.,  940.  In  any  cause  of  admiralty  and  maritime  jurisdiction,  or 

other  case  of  seizure,  depending  in  any  court  of  the  United 
States,  any  judge  of  the  said  court,  in  vacation,  shall 
have  the  same  authority  to  order  any  vessel,  or  cargo,  or 
other  property  to  be  delivered  to  the  claimants,  upon 
bail  or  bond,  or  to  be  sold  when  necessary,  as  the  said 
court  has  in  term  time,  and  to  appoint  appraisers,  and 
exercise  every  other  incidental  power  necessary  to  the 
complete  execution  of  the  authority  herein  granted;  and 
the  recognizance  of  bail  or  bond,  under  such  order,  may 
be  executed  before  the  clerk  upon  the  party's  producing 
the  certificate  of  the  collector  of  the  district,  of  the  suffi- 
ciency of  the  security  oifered;  and  the  same  proceedings 
shall  be  had  in  the  case  of  said  order  of  delivery  or  of 
sale,  as  are  had  in  like  cases  when  ordered  in  term  time : 
Provided^  That  upon  every  such  application,  either  for  an 
order  of  delivery  or  of  sale,  the  collector  and  the  attorney 
of  the  district  shall  have  reasonable  notice  in  cases  of  the 
United  States,  and  the  party  or  counsel  in  all  other  cases. 

R.  s.,  970.  AMien  in  any  prosecution  commenced  on  account  of  the 

seizure  of  any  vessel,  goods,  wares,  or  merchandise,  made 
by  any  collector  or  other  officer,  under  any  act  of  Congress 
authorizing  such  seizure,  judgment  is  rendered  for  the 
claimant,  but  it  ap]:)ears  to  the  court  that  there  was  rea- 
sonable cause  of  seizure,  the  court  shall  cause  a  proper 
certificate  thereof  to  be  entered,  and  the  claimant  shall 
not,  in  such  case,  be  entitled  to  costs,  nor  shall  the  person 
who  made  the  seizure,  nor  the  prosecutor,  be  liable  to  suit 
or  judgment  on  account  of  such  suit  or  prosecution:  Pro- 
vided, T\\^i  the  vessel,  goods,  wares,  or  merchandise  be, 
after  judgment,  forthwith  returned  to  such  claimant  or 
his  agent. 

If,  in  any  suit  against  an  officer  or  other  person  execut- 
ing or  aiding  or  assisting  in  the  seizure  of  goods,  under 
any  act  providing  for  or  regulating  the  collection  of 
duties  on  imports  or  tonnage,  the  plaintiif  is  nonsuited,  or 
judgment  passed  against  him,  the  defendant  shall  recover 
double  costs. 

When  proceedings  are  had  before  a  court  of  the  United 
States  or  of  the  Territories,  on  several  libels,  against  any 
vessel  and  cargo,  which  might  legally  be  joined  in  one 
libel,  there  shall  not  be  allowed  thereon  more  costs  than 
on  one  libel,  unless  special  cause  for  libeling  the  vessel 


R.  S.,971. 


R.  S.,  978. 


PART  XLII. LEGAL  PROCEDURE.  429 

and  cargo  separately  is  satisfactorily  shown  on  motion  in 
open  court.  And  in  proceedings  on  several  libels  or  infor- 
mations against  any  cargo,  or  parts  of  cargo,  or  merchan- 
dise seized  as  forfeited  for  the  same  cause,  there  shall  not 
be  allowed  more  costs  than  would  be  lawful  on  one  libel 
or  information,  whatever  may  be  the  number  of  owners  or 
consignees  therein  concerned.  But  allowance  may  be 
made  on  one  libel  or  information  for  the  costs  incidental 
to  several  claims. 

When  judgment  is  rendered  in  favor  of  the  claimant  of  R.  s.,  979. 
any  vessel   or   other   property   seized  on  behalf  of  the 
United  States,  and  libeled  or  informed  against  as  for- 
feited under  any  law  thereof,  he  shall  be  entitled  to  pos- 
session of  the  same  when  his  own  costs  are  paid. 

429.    Summary  trial.  . 

Whenever  a  complaint  shall  be  made  against  any  mas-  R.  s.,  4300. 
ter,  officer,  or  seaman  of  any  vessel  belonging,  in  Avhole  or 
in  part,  to  any  citizen  of  the  United  States,  of  the  commis- 
sion of  any  offense,  not  capital  or  otherwise  infamous, 
against  any  law  of  the  United  States  made  for  the  protec- 
tion of  persons  or  property  engaged  in  commerce  or  navi- 
gation, it  shall  be  the  duty  of  the  district  attorney  to  in- 
vestigate the  same,  and  the  general  nature  thereof,  and  if, 
in  his  opinion,  the  case  is  such  as  should  be  summarily 
tried,  he  shall  report  the  same  to  the  district  judge,  and 
the  judge  shall  forthwith,  or  as  soon  as  the  ordinary 
business  of  the  court  will  permit,  proceed  to  try  the  cause, 
and  for  that  purpose  may,  if  necessary,  hold  a  special  ses- 
sion of  the  court,  either  in  term  time  or  vacation. 

At  the  summary  trial  of  offenses  against  the  laws  for  R-  s.,  4301. 
the  protection  of  persons  or  property  engaged  in  com- 
merce or  navigation,  it  shall  not  be  necessary  that  the 
accused  shall  have  been  previously  indicted,  but  a  state- 
ment of  complaint,  verified  by  oath  in  w^riting,  shall  be 
presented  to  the  court,  setting  out  the  offense  in  such 
manner  as  clearly  to  apprise  the  accused  of  the  character 
of  the  offense  complained  of,  and  to  enable  him  to  answer 
the  complaint.  The  complaint  or  statement  shall  be  read 
to  the  accused,  who  may  plead  to  or  answer  the  same,  or 
make  a  counter-statement.  The  trial  shall  thereupon  be 
proceeded  with  in  a  summary  manner,  and  the  case  shall 
be  decided  by  the  court,  unless,  at  the  time  for  pleading  or 
answering,  the  accused  shall  demand  a  jury,  in  which  case 
the  trial  shall  be  upon  the  complaint  and  plea  of  not 
guilty. 

It  shall  be  lawful  for  the  court  to  allow^  the  district  R.  s.,  4302. 
attorney  to  amend  his  statement  of  complaint  at  any 
stage  of  the  proceedings,  before  verdict,  if,  in  the  opinion 
of  the  court,  such  amendment  Avill  work  no  injustice  to  the 
accused ;  and  if  it  appears  to  the  court  that  the  accused  is 
unprepared  to  meet  the  charge  as  amended,  and  that  an 
adjournment  of  the  cause  will  promote  the  ends  of  justice. 


430  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

such  adjournment  shall  be  made,  until  a  further  day,  to 
be  fixed  by  the  court. 

R.  s.,  4303.  At  the  trial  in  summary  cases,  if  by  jury,  the  United 

States  and  the  accused  shall  each  be  entitled  to  three  per- 
emptory challenges.  Challenges  for  cause,  in  such  cases, 
shall  be  tried  by  the  court  without  the  aid  of  triers. 

R.  s.,  4304.  It  shall  not  be  lawful  for  the  court  to  sentence  any  per- 

son convicted  in  such  trial  to  any  greater  punishment  than 
imj^risonment  in  jail  for  one  year,  or  to  a  fine  exceeding 
five  hundred  dollars,  or  both,  in  its  discretion,  in  those 
cases  where  the  laws  of  the  United  States  authorize  such 
imprisonment  and  fine. 

R.  s.,  4305.  All  the  penalties  and  forfeitures  which  may  be  incurred 

for  oli'enses  against  this  Title  [E.  S.,  4131— 1305]  may  be 
sued  for,  prosecuted,  and  recoAered  in  such  court,  and  be 
disposed  of  in  such  manner,  as  any  penalties  and  forfei- 
tures which  may  be  incurred  for  ctrenses  against  the  laws 
relating  to  the  collection  of  duties,  except  when  other- 
wise expressly  prescribed. 


Part  XLIII.— CRIMES, 


430. 

Place  of  trial. 

440. 

Larceny. 

431. 

Murder. 

441. 

Receiver  of  stolen  property. 

432. 

Manslaughter. 

442. 

Miscellaneous  offenses. 

433. 

Assault. 

443. 

Forgery. 

434. 

Rape. 

444. 

Ill  treatment  of  crew. 

435. 

Seduction. 

445. 

Mutiny. 

436. 

Death   from   negligence,   miscon- 

446. 

Abandonment  of  seamen. 

duct,  etc. 

447. 

Barratry. 

437. 

Mayhem. 

448. 

Wrecking. 

438. 

Robbery. 

449. 

Plundering  vessel. 

439. 

Arson. 

450. 

Crimes  on  the  Great  Lakes. 

Sec.  272. 
Repeals  R.  S. 


430.   Place  of  trial. 

The  trial  of  all  offenses  committed  upon  the  high  seas  or  ^-  s-,  73o 
elsewhere,  out  of  the  jurisdiction  of  any  particular  State 
or  district,  shall  be  in  the  district  where  the  offender  is 
found,  or  into  which  he  is  first  brought. 

The  crimes  and  offenses  defined  in  this  chapter  shall  be  ^^^-^^'o^^^^ 
punished  as  herein  prescribed:  Ir,^^"* 

First.  When  committed  upon  the  high  seas,  or  on  any  5339. 
other  waters  within  the  admiralty  and  maritime  jurisdic- 
tion of  the  United  States  and  out  of  the  jurisdiction  of 
any  particular  State,  or  when  committed  within  the  ad- 
miralty and  maritime  jurisdiction  of  the  United  States 
and  out  of  the  jurisdiction  of  any  particular  State  on 
board  any  vessel  belonging  in  whole  or  in  part  to  the 
United  States  or  any  citizen  thereof,  or  to  any  corpora- 
tion created  by  or  under  the  laws  of  the  United  States,  or 
of  any  State,  Territory,  or  District  thereof. 

Second.  \Vhen  committed  upon  any  vessel  registered, 
licensed,  or  enrolled  under  the  laws  of  the  United  States, 
and  being  on  a  voyage  upon  the  waters  of  any  of  the 
Great  Lakes,  namely:  Lake  Superior,  Lake  Michigan, 
Lake  Huron,  Lake  Saint  Clair,  Lake  Erie,  Lake  Ontario, 
or  any  of  the  waters  connecting  any  of  said  lakes,  or 
upon  the  Eiver  Saint  LaAvrence  where  the  same  consti- 
tutes the  International  boundary  line. 

Third,  When  committed  within  or  on  any  lands  reserved 
or  acqiiired  for  the  exclusive  use  of  the  United  States,  and 
under  the  exclusive  jurisdiction  thereof,  or  any  place  pur- 
chased or  otherwise  acquired  by  the  United  States  by  con- 
sent of  the  legislature  of  the  State  in  w^hich  the  same  shall 
be,  for  the  ei-ection  of  a  fort,  magazine,  arsenal,  dock- 
yard, or  other  needful  building. 

Fourth.  On  any  island,  rock,  or  key,  containing  de- 
posits of  guano,  which  may,  at  the  discretion  of  the  Presi- 
dent, be  considered  as  appertaining  to  the  United  States. 

431 


432 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


Sec.  273. 


Sec.  274. 
Repeals  R.  S. 
5341. 


Sec.  275. 
Repeals  R.  S. 
5340,  5343. 


Sec.  276. 
Repeals  R.  S. 
5345,  534G. 


Sec.  277. 
Repeals  R.  S. 
5342. 


431.  Murder. 

Murder  is  the  unlawful  killing  of  a  human  being  with 
malice  aforethought.  Eveiy  murder  perj^etrated  by 
poison,  lying  in  wait,  or  any  other  kind  of  Avillful,  delib- 
erate, malicious,  and  premeditated  killing;  or  committed 
in  the  perj)etration  of,  or  attempt  to  perpetrate,  any  ar- 
son, rape,  burglary,  or  robbery;  or  perpetrated  from  a 
premeditated  design  unlawfully  and  maliciously  to  effect 
the  death  of  any  human  being  other  than  him  who  is 
killed,  is  murder  in  the  first  degree.  Any  other  murder 
is  murder  in  the  second  degree. 

432.  Manslaughter. 

Manslaughter  is  the  unlawful  killing  of  a  human  being 
without  malice.    It  is  of  tY\^o  kinds: 

P'irst.  Voluntary — Upon  a  sudden  quarrel  or  heat  of 
passion. 

Second.  Involuntary — In  the  commission  of  an  unlaw- 
ful act  not  amounting  to  a  felony,  or  in  the  commission  of 
a  lawful  act  Avliich  might  produce  death,  in  an  unlawful 
manner,  or  without  due  caution  and  circumspection. 

Every  person  guilty  of  murder  in  the  first  degree  shall 
suffer  death.  Every  person  guilty  of  murder  in  the  sec- 
ond degree  shall  be  imprisoned  not  less  than  ten  years  and 
may  be  imprisoned  for  life.  Every  person  guilty  of  vol- 
untary manslaughter  shall  be  imprisoned  not  more  than 
ten  years.  Every  person  guilty  of  involuntary  man- 
slaughter shall  be  imprisoned  not  more  than  three  years, 
or  fined  not  exceeding  one  thousand  dollars,  or  both. 

433.  Assault. 

Whoever  shall  assault  another  with  intent  to  commit 
murder,  or  rape,  shall  be  imprisoned  not  more  than 
tAvent}^  years.  Whoever  shall  assault  another  with  intent 
to  commit  any  felony,  except  murder,  or  rape,  shall  be 
fined  not  more  than  three  thousand  dollars,  or  imprisoned 
not  more  than  ten  years,  or  both.  Whoever,  with  intent 
to  do  bodily  harm,  and  without  just  cause  or  excuse,  shall 
assault  another  with  a  dangerous  weapon,  instrument,  or 
otlier  thing,  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 
Whoever  shall  unlawfully  strike,  beat,  or  wound  anotlier. 
shall  be  fined  not  more  than  five  hundred  dollars,  or  im- 
prisoned not  more  than  six  months,  or  both.  Whoever 
shall  unlawfully  assault  another,  shall  be  fined  not  more 
than  three  hundred  dollars,  or  imprisoned  not  more  than 
three  months,  or  both. 

Whoever  shall  attempt  to  commit  murder  or  man- 
slaughter, except  as  provided  in  the  preceding  section-, 
shall  be  fined  not  more  than  one  thousand  dollars  and  im- 
prisoned not  more  than  three  years. 


PART  XLIII. — CRIMES.  433 

434.  Rape. 

Whoever  shall  commit  the  crime  of  rape  shall  suffer  Sec.  278. 

death.  Repeals  R.  S., 

Whoever  shall  carnally  and  unlawfully  know  any  fe-  sec.'279. 
male  under  the  age  of  sixteen  years,  or  shall  be  accessory 
to  such  carnal  and  unlawful  knowledge  before  the  fact, 
shall,  for  a  first  offense,  be  imprisoned  not  more  than 
fifteen  years,  and  for  a  subsequent  offense  be  imprisoned 
not  more  than  thirty  years. 

435.  Seduction. 

Every  master,  officer,  seaman,  or  other  person  employed   ^^^-  280- 
on  board  of  any  American  vessel  who,  during  the  voyage.  5349^^'^  ^*  ^^ 
under  promise  of  marriage,  or  by  threats,  or  the  exercise  *" 
of  authority,  or  solicitation,  or  the  making  of  gifts  or 
presents,  seduces  and  has  illicit  connection  with  any  fe- 
male passenger,  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  one  year,  or  both; 
but  subsequent  intermarriage  of  the  parties  may  be  plead- 
ed in  bar  of  conviction. 

When  a  person  is  convicted  of  a  violation  of  the  section   Sec.  281. 
last  preceding,  the  court  may,  in  its  discretion,  direct  that  J^fpeaisR.  s., 
the  amount  of  the  fine,  Avhen  paid,  be  paid  for  the  use ''"^'''^' ^^"^' 
of  the  female  seduced,  or  her  child,  if  she  have  any ;  but 
no  conviction  shall  be  had  on  the  testimony  of  the  female 
seduced,  without  other  evidence,  nor  unless  the  indictment 
is  found  within  one  year  after  the  arrival  of  the  vessel 
on  which  the  offense  was  committed  at  the  port  of  its 
destination. 

436.  Death  from  neglig-ence,  misconduct,  etc. 

Every   captain,   engineer,  pilot,   or   other  person  em-   Sec.  282. 
ployed  on  any  steamboat  or  vessel,  by  whose  misconduct,  ^g^^''^^^^^' .f^-^ 
negligence,  or  inattention  to  his  duties  on  such  vessel  the  Mar.'  3,   1905, 
life  of  any  person  is  destroyed,  and  every  owner,  chart-  sec.  5. 
erer,   inspector,   or   other  public  officer,  through  whose 
fraud,  neglect,  connivance,  misconduct,  or  violation  of 
law  the  life  of  any  person  is  destroyed,  shall  be  fined  not 
more  than  ten  thousand  dollars,  or  imprisoned  not  more 
than  ten  years,  or  both:  Pi^ovided,  That  when  the  owner 
or  charterer  of  any  steamboat  or  vessel  shall  be  a  corx:>ora- 
tion,  any  executive  officer  of  such  corporation,  for  the  time 
being  actually  charged  with  the  control  and  management 
of  the  operation,  equipment,  or  navigation  of  such  steam- 
boat or  vessel,  who  has  knowingly  and  willfully  caused 
or  alloAved  such  fraud,  neglect,  connivance,  misconduct,  or 
violation  of  law,  by  which  the  life  of  any  person  is  de- 
stroyed, shall  be  fined  not  more  than  ten  thousand  dollars, 
or  imprisoned  not  more  than  ten  years,  or  both. 

437.  Mayhem. 

Whoever,  with  intent  to  maim  or  disfigure,  shall  cut,   See.  283. 
bite,  or  slit,  the  nose,  ear,  or  lip,  or  cut  out  or  disable  gg^g*^^'^  ^'  ^'* 
the  tongue,  or  put  out  or  destroy  an  eye,  or  cut  off  or  dis- 
able a  limb  or  any  member  of  another  person ;  or  whoever. 


434  NAVIGATION    LAWS    OF    THE    UNITED   STATES. 

Avith  like  intent,  shall  throw  or  pour  upon  another  person, 
any  scalding  hot  water,  vitriol,  or  other  corrosive  acid, 
or  caustic  substance  whatever,  shall  be  fined  not  more  than 
one  thousand  dollars,  or  imprisoned  not  more  than  seven 
years,  or  both. 

438.  Robbery. 

Sec.  284.  Whoever,  by  force  and  violence,  or  by  putting  in  fear, 

^Repeals  R.  s.,  ^j^^^jj  fcloniously  take  from  the  person  or  presence  of 
another  anything  of  value,  shall  be  imprisoned  not  more 
than  fifteen  years. 

439.  Arson. 

Sec.  286.  Whoever  shall  maliciously  set  fire  to,  burn,  or  attempt 

538r^^^  ^  ^ '  ^^  tiurn,  or  by  any  means  destroy  or  injure,  or  attempt  to 
destroy  or  injure,  any  arsenal,  armory,  magazine,  rope- 
walk,  ship  house,  Avarehouse,  blockhouse,  or  barrack,  or 
any  storehouse,  barn,  or  stable,  not  parcel  of  a  dAvelling 
house,  or  any  other  building  not  mentioned  in  the  section 
last  preceding,  or  any  vessel  built,  building,  or  undergo- 
ing repair,  or  any  light-house,  or  beacon,  or  any  ma- 
chinery, timber,  cables,  rigging,  or  other  materials  or  ap- 
pliances for  building,  repairing,  or  fitting  out  vessels,  or 
any  pile  of  wood,  boards,  or  other  lumber,  or  any  mili- 
tary, naval,  or  victualing  stores,  arms,  or  other  munitions 
of  \var,  shall  be  fined  not  more  than  five  thousand  dol- 
lars and  imprisoned  not  more  than  twenty  j^ears. 

440.  Larceny. 

Sec.  287.  ^  Whoever  shall  take  and  carry  away,  with  intent  to 
sssr^"^^  ^^  ^  *  ^^^^^  ^^  purloin,  any  personal  property  of  another,  shall 
be  punished  as  follows :  If  the  property  taken  is  of  a  value 
exceeding  fifty  dollars,  or  is  taken  from  the  person  of 
another,  by  a  fine  of  not  more  than  ten  thousand  dollars, 
or  imprisojiment  for  not  more  than  ten  years,  or  both; 
in  all  other  cases,  by  a  fine  of  not  more  than  one  thousand 
dollars,  or  by  imprisonment  not  more  than  one  year,  or 
both.  If  the  property  stolen  consists  of  any  evidence  of 
debt,  or  other  written  instrument,  the  amount  of  money 
due  thereon,  or  secured  to  be  paid  thereby,  and  remaining 
unsatisfied,  or  which  in  any  contingency  might  be  col- 
lected thereon,  or  the  value  of  the  property  the  title  to 
which  is  shown  thereby,  or  the  sum  which  might  be  re- 
covered in  the  absence  thereof,  shall  be  deemed  to  be  the 
value  of  the  property  stolen. 

441.  Receiver  of  stolen  property. 

Sec.  288.  Whoever  shall  buy.   receive,   or   conceal,   any   money, 

5357.^^^^  ^'  ^"  goods,  bank  notes,  or  other  thing  which  may  be  the  sub- 
ject of  larceny,  which  has  been  feloniously  taken,  stolen, 
or  embezzled,  from  any  otlier  person,  knowing  the  same 
to  have  been  so  taken,  stolen,  or  embezzled,  shall  be  fined 


PART  XLIII. CRIMES.  435 

not  more  than  one  thousand  doHars  and  imprisoned  not 
more  than  three  years;  and  such  person  may  be  tried 
either  before  or  after  the  conviction  of  the  principal 
offender. 

442.  Miscellaneous  offenses. 

\Alioever.  within  the  territorial   limits  of  any   State,  Sec.  289. 
organized  Territory,  or  District,  but  within  or  upon  any  I'^pcais  it.  s., 
of  the  places  now  existing  or  hereafter  reserved  or  ac- '^'^^■^* 
quired,  described  in  section  two  hundred  and  seventy-two 
of  this  Act,  shall  do  or  omit  the  doing  of  any  act  or  thing 
which  is  not  made  penal  by  any  law  of  Cougress,  but 
which  if  committed  or  omitted  within  the  jurisdiction  of 
the  State,  Territory,  or  District  in  which  such  place  is 
situated,  by  the  laws  thei'eof  noAv  in  force  would  be  penal, 
shall  be  deemed  guilty  of  a  like  offense  and  be  subject  to 
a  like  punishment ;  and  every  such  State,  Territorial,  or 
District  law  shall,  for  the  purposes  of  this  section,  con- 
tinue in  force,  notwithstanding  anv  subsequent  repeal  or 
amendment  thereof  by  any  such  State,  Territory,  or  Dis- 
trict. 

443.  Forgery. 

Whoever  shall  falsely  make,  forge,  counterfeit,  or  alter  Sec.  72. 
any  instrument  in  imitation  of,  or  purporting  to  be,  an  Repeals  r.  s., 
abstract  or  official  copy  or  certificate  of  the  recording,  ^^-^• 
registry,  or  enrollment  of  any  vessel,  in  the  office  of  aii^^ 
collector  of  the  customs,  or  a  license  to  any  vessel  for  car- 
rying on  the  coasting  trade  or  fisheries  of  the  United 
States,  or  a  certificate  of  ownership,  pass,  passport,  sea 
letter,  or  clearance,  granted  for  any  vessel,  under  the  au- 
thority of  the  United  States,  or  a  permit,  debenture,  or 
other  official  document  granted  by  any  collector  or  other 
officer  of  the  customs  by  virtue  of  his  office ;  or  whoever 
shall  utter,  publish,  or  pass,  or  attempt  to  utter,  publish, 
or  pass,  as  true,  any  such  false,  forged,  counterfeited, 
or  falsely  altered  instrument,  abstract,  official  copy,  cer- 
tificate, license,  pass,  passport,  sea  letter,  clearance,  permit, 
debenture,  or  other  official  document  herein  specified, 
knowing  the  same  to  be  false,  forged,  counterfeited,  or 
falsely  altered,  with  an  intent  to  defraud,  shall  be  fined 
not  more  than  one  thousand  dollars  and  imprisoned  not 
more  than  three  years. 

444.  Ill  treatment  of  crew. 

A^^ioever.  being  the  master  or  officer  of  a  vessel  of  the   Soc  201. 
United  States,  on  the  high  seas,  or  on  any  other  waters  Repeals  r.  s., 
within  the  admiralty  and  maritime  jurisdiction  of  the^^'*^* 
United  States,  beats,  wounds,  or  without  justifiable  cause, 
imprisons  any  of  the  crew  of  such  A^essel,  or  withholds 
from   them   suitable  food   and   nourishment,   or   inflicts 
upon  them  any  cruel  and  unusual  punishment,  shall  be 


436  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

fined  not  more  than  one  thousand  dollars,  or  imprisoned 
not  more  than  five  years,  or  both.  Nothing  herein  con- 
tained shall  be  construed  to  repeal  or  modify  section 
forty-six  hundred  and  eleven  of  the  Revised  Statutes. 

445.   Mutiny. 
Sec.  292.  Whoever,  being  of  the  crew  of  a  vessel  of  the  United 

Repeals  R.  s.,  ^^tates,  ou  the  high  seas,  or  on  any  other  waters  within 
^^^^'  the  admiralty  an^l  maritime  jurisdiction  of  the  United 

States,  endeavors  to  make  a  revolt  or  mutiny  on  board 
such  vessel,  or  combines,  conspires,  or  confederates  with 
any  other  person  on  board  to  make  such  revolt  or  mu- 
tiny, or  solicits,  incites,  or  stirs  up  any  other  of  the 
crew  to  disobey  or  resist  the  laAvful  orders  of  the  master 
or  other  officer  of  such  vessel,  or  to  refuse  or  neglect 
their  proper  duty  on  board  thereof,  or  to  betray  their 
proper  trust,  or  assembles  v»dth  others  in  a  tumultuous 
and  mutinous  manner,  or  makes  a  riot  on  board  thereof, 
or  unlawfully  confines  the  master  or  other  commanding 
officer  thereof,  shall  be  fined  not  more  than  one  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 
Sec.  293.  Whoever,  being  of  the  crew  of  a  vessel  of  the  United 

5360^^^^  ^  ^ '  ^tiites,  on  the  high  seas,  or  on  any  other  waters  within 
the  admiralty  and  maritime  jurisdiction  of  the  United 
States,  unlawfully  and  with  force,  or  by  fraud,  or  in- 
timidation, usurps  the  command  of  such  vessel  from  the 
master  or  other  lawful  officer  in  command  thereof,  or 
deprives  him  of  authority  and  command  on  board,  or 
resists  or  prevents  him  in  the  free  and  lawful  exercise 
thereof,  or  transfers  such  authority  and  command  to 
another  not  lawfully  entitled  thereto,  is  guilty  of  a  re- 
volt and  mutiny,  and  shall  be  fined  not  more  than  two 
thousand  dollars  and  imprisoned  not  more  than  ten  years. 

446.  Abandonment  of  seamen. 

Sec.  295.  Whoever,  being  master  or  commander  of  a  vessel  of 

Repeals  R.  s.,  ^|-^g  United  States,  while  abroad,  maliciously  and  with- 
out justifiable  cause  forces  any  officer  or  mariner  of 
such  vessel  on  shore,  in  order  to  leave  him  behind  in  any 
foreign  port  or  place,  or  refuses  to  bring  home  again  all 
such  officers  and  mariners  of  such  vessel  whom  he  car- 
ried out  with  him,  as  are  in  a  condition  to  return  and 
willing  to  return,  when  he  is  ready  to  proceed  on  his 
homeward  voj^age,  shall  be  fined  not  more  than  five 
hundred  dollars,  or  imi:)risoned  not  more  than  six  months, 
or  both. 

447.  Barratry. 

Sec.  296.  Whoever,  on  the  high  seas,  or  within  the  United  States, 

Repeals  R.  s.,  ^yinfiiiiy  ^^(1  corruptly  couspircs,  combines,  and  con- 
federates with  any  other  person,  such  other  person  be- 
ing either  within  or  without  the  United  States,  to  cast 
awaj^  or  otherwise  destroy  any  vessel,  with  intent  to  in- 
jure  any  person   that  may  have  underwritten   or  may 


PART   XLIII. CRIMES.  437 

thereafter  imclerwrite  any  policy  of  insurance  thereon 
or  on  goods  on  board  thereof,  or  with  intent  to  injure 
any  person  that  has  lent  or  advanced,  or  may  lend  or 
advance,  any  money  on  such  vessel  on  bottomry  or  re- 
spondentia; or  whoever,  within  the  United  States^,  builds, 
or  fits  out,  or  aids  in  building  or  fitting  out,  any  vessel 
with  intent  that  the  same  be  cast  away  or  destroyed,  with 
the  intent  hereinbefore  mentioned,  *  shall  be  fined  not 
more  than  ten  thousand  dollars  and  imprisoned  not  more 
than  ten  years. 

448.  Wrecking-. 

Whoever  plunders,  steals,  or  destroys  any  money,  goods,  See  297. 
merchandise,  or  other  eifects,  from  or  belonging  to  any  535!*^^^^  ^'  ^" 
vessel  in  distress,  or  wrecked,  lost,  stranded,  or  cast  away, 
upon  the  sea,  or  upon  any  reef,  shoal,  bank,  or  rocks  of 
the  sea,  or  in  any  other  place  within  the  admiralty  and 
maritime  jurisdiction  of  the  United  States,  shall  be  fined 
not  more  than  five  thousand  dollars  and  imprisoned  not 
more  than  ten  years;  and  whoever  willfully  obstructs 
the  escape  of  any  person  endeavoring  to  save  his  life  from 
such  vessel,  or  the  wreck  thereof ;  or  whoever  holds  out  or 
shows  any  false  light,  or  extinguishes  any  true  light,  with 
intent  to  bring  any  vessel  sailing  upon  the  sea  into  danger, 
or  distress,  or  shipwreck,  shall  be  imprisoned  not  less 
than  ten  years  and  may  be  imprisoned  for  life. 

449.  Plundering  vessel. 

Whoever,  upon  the  high  seas  or  on  any  other  waters  see.  298. 
within  the  admiralty  and  maritime  jurisdiction  of  the  ^^^f®^^^  ^-  ^• 
United  States,  by  surprise  or  by  open  force,  maliciously 
attacks  or  sets  upon  any  vessel  belonging  to  another,  with 
an  intent  unlaAvfully  to  plunder  the  same,  or  to  despoil 
any  owner  thereof  of  any  moneys,  goods,  or  merchandise 
laden  on  board  thereof,  shall  be  fined  not  more  than  five 
thousand  dollars  and  imprisoned  not  more  than  ten  years. 

Whoever,  upon  the  high  seas  or  on  any  other  waters  sec.  209. 
within  the  admiralty  and  maritime  jurisdiction  of  the  i^^J^^'^  ^-  ^• 
United  States,  and  out  of  the  jurisdiction  of  any  particu- 
lar State,  breaks  or  enters  any  vessel,  with  intent  to  com- 
mit any  felony,  or  maliciously  cuts,  spoils,  or  destroys  any 
cordage,  cable,  buoys,  buoy-rope,  head-fast,  or  other  fast, 
fixed  to  the  anchor  or  moorings  belonging  to  any  vessel, 
shall  be  fined  not  more  than  one  thousand  dollars  and 
imprisoned  not  more  than  five  years. 

Whoever,  upon  the  high  seas  or  on  any  other  waters  see.  300. 
within  the  admiralty  and  maritime  jurisdiction  of  the  ^^^p^^^^  ^- S-' 
United   States,  willfully   and  corruptly  casts   away  or*^ 
otherwise  destroys  any  vessel,  of  which  he  is  owner,  in 
whole  or  in  part,  with  intent  to  prejudice  any  person  that 
may  underwrite  any  policy  of  insurance  thereon,  or  any 
merchant   that  may  have  goods  thereon,  or  any  other 
owner  of  such  vessel,  shall  be  imprisoned  for  life  or  for 
any  term  of  years. 


53G1. 


438  NAVIGATION   L/UVS    OF    TflE   UNITED    STATES. 


5366,  5367. 


Sec.  301.  Whoever,  not  being  an  owner,  upon  the  high  seas  or  vjn 

:?J?^roL^"  ^"any  other  waters  within  the  admiralty  and  maritime  ju- 
risdiction of  the  United  States,  willfully  and  corruptly 
casts  away  or  otherwise  destroys  any  vessel  of  the  United 
States  to  which  he  belongs,  or,  willfully,  with  intent  to 
destroy  the  same,  sets  fire  to  any  such  vessel,  or  otherwise 
attempts  the  destruction  thereof,  shall  be  imprisoned  not 
more  than  ten  years. 
Sec.  33  0.  The  words  "  vessel  of  the  United  States,"  wherever  they 

occur  in  this  chapter,  shall  be  construed  to  mean  a  vessel 
belonging  in  whole  or  in  part  to  the  United  States,  or 
any  citizen  thereof,  or  any  corporation  created  by  or 
under  the  laws  of  the  United  States,  or  of  any  State, 
Territory,  or  District  thereof. 

4-50.    Crimes  on  the  Great  Lakes. 

Sept.  4, 1800.  Every  person  who  shall,  upon  any  vessel  registered  or 
enrolled  u.nder  the  laws  of  the  United  States,  and  being 
on  a  voyage  upon  the  waters  of  any  of  the  Great  Lakes, 
namely.  Lake  Superior.  Lake  Michigan,  Lake  Hu.ron, 
Lake  Saint  Clair,  Lake  Erie,  Lake  Ontario,  or  any  of  the 
waters  connecting  any  of  the  said  lakes,  commit  or  be 
guilty  of  any  of  the  acts,  neglects,  or  omissions,  respec- 
tively, mentioned  in  chapter  three  |  R.  S.,  5830-5391]  of 
title  seventy  of  the  Revised  Statutes  of  the  United  States 
shall,  upon  conviction  thereof,  be  punished  Avith  the  same 
punishments  in  the  said  title  and  chapter,  respectively 
affixed  to  the  same  offenses  therein  mentioned,  respec- 
tively. 

Sec.  2.  The  circuit  and  district  courts  of  the   United  States, 

respectively,  are  hereby  vested  with  the  same  jurisdiction 
in  respect  of  the  offenses  mentioned  in  the  first  section  of 
this  act  that  they  by  law  liaA^e  and  possess  in  respect  of 
the  offenses  in  said  chapter  and  title  in  the  first  section  of 
this  act  mentioned,  and  said  courts,  respectively,  are  also 
for  the  purpose  of  this  act  vested  with  all  and  the  same 
jurisdiction  they,  respectively,  have  by  force  of  title 
thirteen,  chapter  three  [R.  S.,  5()3-5Tl],  and  title  thir- 
teen, chapter  seven  [R.  S.,  C)29-G5T],  of  the  Revised 
Statutes  of  the  United  States.  [See  act  Mar.  4,  1900, 
sec.  272,  par.  2,  p.  431.] 


Part  XLIY.— PIRACY. 


451.   Piracy.  |  452,   Crimes  deemed  piracy. 

451.   Piracy. 

The  President  is  authorized  to  employ  so  many  of  the  R-  s.,  4293. 
public  armed  vessels  as  in  his  judgment  the  service  may 
require,  with  suitable  instructions  to  the  commanders 
thereof  in  protecting  the  merchant  vessels  of  the  United 
States  and  their  crews  from  piratical  aggressions  and 
depredations. 

The  President  is  authorized  to  instruct  the  commanders  k.  s.,  4294. 
of  the  public  armed  vessels  of  the  United  States  to  sub- 
due, seize,  take,  and  send  into  any  port  of  the  United 
States,  any  armed  vessel  or  boat,  or  any  vessel  or  boat,  the 
crew  whereof  shall  be  armed,  and  which  shall  have  at- 
tempted or  committed  any  piratical  aggression,  search, 
restraint,  depredation,  or  seizure,  upon  any  vessel  of  the 
United  States,  or  of  the  citizens  thereof,  or  upon  any 
other  vessel;  and  also  to  retake  any  vessel  of  the  United 
States,  or  its  citizens,  which  may  have  been  unlaNvfully 
captured  upon  the  high  seas. 

The  commander  and  crew  of  any  merchant-vessel  of  the  R-  S-.  4295. 
United  States,  owned  wholly,  or  in  part,  by  a  citizen 
thereof,  may  oppose  and  defend  against  any  aggression, 
search,  restraint,  depredation,  or  seizure,  which  shall  be 
attempted  upon  such  vessel,  or  upon  any  other  vessel  so 
ownecl,  by  the  commander  or  crew  of  any  arm.ed  vessel 
whatsoever,  not  being  a  public  armed  vessel  of  some  na- 
tion in  amity  with  the  United  States,  and  may  subdue  and 
capture  the  same;  and  may  also  retake  any  vessel  so 
owned  which  may  have  been  captured  by  the  commander 
or  crew  of  any  such  armed  vessel,  and  send  the  same  into 
any  port  of  the  United  States. 

\Yhenever  any  vessel,  which  shall  have  been  built,  pur-  R-  s.,  4296. 
chased,  fitted  out  in  whole  or  in  part,  or  held  for  the  pur- 
pose of  being  employed  in  the  commission  of  any  piratical 
aggression,  search,  restraint,  depredation,  or  seizure,  or 
in  the  commission  of  any  other  act  of  piracy  as  defined 
by  the  law  of  nations,  or  from  which  any  ]:)iratical  aggres- 
sion, search,  restraint,  depredation,  or  seizure  shall  have 
been  first  attempted  or  made,  is  captured  and  brought 
into  or  captured  in  any  port  of  the  United  States,  tlie 
same  shall  be  adjudged  and  condemned  to  their  use,  and 
that  of  the  captors  after  due  process  and  trial  in  any 

439 


440  NAVIGATIOH   LAWS   OF   THE   UNITED   STATES. 

court  having  admiralty  jurisdiction,  and  which  shall  be 
holden  for  the  district  into  which  such  captured  vessel 
shall  be  brought;  and  the  same  court  shall  thereupon 
order  a  sale  and  distribution  thereof  accordingly,  and  at 
its  discretion. 

R.  s.,  4297.  Any  vessel  built,  purchased,  fitted  out  in  whole  or  in 

part,  or  held  for  the  purpose  of  being  employed  in  the 
commission  of  any  piratical  aggression,  search,  restraint, 
depredation,  or  seizure,  or  in  the  commission  of  any  other 
act  of  piracy,  as  defined  by  the  law  of  nations,  shall  be 
liable  to  be  captured  and  brought  into  any  port  of  the 
United  States  if  found  upon  the  high  seas,  or  to  be 
seized  if  found  in  port  or  place  within  the  United  States, 
wdiether  the  same  shall  have  actually  sailed  uj^on  any 
piratical  ex]:)edition  or  not,  and  whether  any  act  of  2:)iracy 
shall  have  been  committed  or  attempted  uj^on  or  from 
such  vessel  or  not ;  and  any  such  vessel  may  be  adjudged 
and  condemned,  if  captured  by  a  vessel  authorized  as 
hereinafter  mentioned,  to  the  use  of  the  United  States 
and  to  that  of  the  captors,  and  if  seized  by  a  collector, 
surveyor,  or  marshal,  then  to  the  use  of  the  United  States. 

R.  s.,  4298.  The  President  is  authorized  to  instruct  the  commanders 

of  the  public  armed  vessels  of  the  United  States,  and  to 
authorize  the  commanders  of  any  other  armed  vessels  sail- 
ing under  the  authority  of  any  letters  of  marque  and 
reprisal  granted  by  Congress,  or  the  commanders  of  any 
other  suitable  vessels,  to  subdue,  seize,  take,  and,  if  on 
the  high  seas,  to  send  into  any  port  of  the  United  States, 
any  vessel  or  boat  built,  purchased,  fitted  out,  or  held  as 
mentioned  in  the  preceding  section. 

E.  s.,  4299.  xhe  collectors  of  the  several  ports  of  entry,  the  survey- 

ors of  the  several  ports  of  delivery,  and  the  marshals  of 
the  several  judicial  districts  within  the  United  States, 
shall  seize  any  vessel  or  boat  built,  purchased,  fitted  out, 
or  held  as  mentioned  in  section  forty-two  hundred  and 
ninety-seven,  which  may  be  found  within  their  resj^ective 
ports  or  districts,  and  to  cause  the  same  to  be  proceeded 
against  and  disposed  of  as  provided  by  that  section. 
452.   Crimes  deemed  piracy. 

Mar.  4, 1909.       Whoever,  on  the  high  seas,  commits  the  crime  of  piracy 

Repeals  R  s    ^^   defined   by   the   law   of '  nations,   and   is   afterwards 
5368.         ■  '  ■'  brouglit  into  or  found  in  the  United  States,  shall  be  im- 
prisoned for  life. 

Sec.  294.  Whoever,  being  a  seaman,  lays  violent  hands  upon  his 

5369?''  ^  '■  "  commander,  thereby  to  hinder  and  prevent  his  fighting  in 
defense  of  his  vessel  or  the  goods  intrusted  to  him,  is  a 
pirate,  and  shall  be  imprisoned  for  life. 


PART    XLIV. PIRACY.  441 

Whoever,  being  engaged  in  any  piratical  cruise,  or  en-   ^^^-  ^^- 
terjDrise,  or  being  of  the  crew   of  any  piratical  vessel,  5371''^^^  ^'  ^'" 
lands  from  such  vessel,  and  on  shore  commits  robbery,  is 
a  j^irate,  and  shall  be  imprisoned  for  life. 

AVhoever,  being  a  citizen  of  the  United  States,  commits  see.  304. 
unj  murder  or  robbery,  or  any  act  or  hostility  against  the_?^^P^'^^^  ^-  ^•' 
United  States,  or  against  any  citizen  thereof,  on  the  high  ^ 
seas,  under  color  of  any  commission  from  any  foreign 
prince,  or  state,  or  on  pretense  of  authority  from  any  per- 
son, is,  notwithstanding  the  pretense  of  such  authority,  a 
pirate,  and  shall  be  imprisoned  for  life. 

Whoever,  being  a  citizen  or  subject  of  any  foreign  state,   sec.  305. 
is   found  and  taken  on  the  sea  making  war  upon  the  _^^I*^^^^  ^'  ^■' 
United  States,  or  cruising  against  the  vessels  and  prop-"^ 
erty  thereof,  or  of  the  citizens  of  the  same,  contrary  to  the 
provisions   of  any  treaty  existing  between  the   United 
States  and  the  state  of  which  the  offender  is  a  citizen  or 
subject,  when  by  such  treaty  such  acts  are  declared  to  be 
piracy,  is  guilty  of  piracy,  and  shall  be  imprisoned  for 
life. 

Whoever,  being  a  captain  or  other  officer  or  mariner  of  ^^^-  ^o^- 
a  vessel  upon  the  high  seas  or  on  any  other  waters  within  5313^^'^  ^"  ^'' 
the  admiralty  and  maritime  jurisdiction  of  the  United 
States,  piratically  or  feloniously  runs  away  with  such  ves- 
sel, or  with  any  goods  or  merchandise  thereof,  to  the  value 
of  fifty  dollars,  or  who  yields  up  such  vessel  voluntarily 
to  any  pirate,  shall  be  fined  not  more  than  ten  thousand 
dollars,  or  imprisoned  not  more  than  ten  years,  or  both. 

Whoever  attemj^ts  or  endeavors  to  corrupt  any  com-  see.  307. 
mander,  master,  officer,  or  mariner  to  yield  up  or  to  run  gog?^^^^  ^'  ^" 
away  with  any  vessel,  or  w^ith  any  goods,  wares,  or  mer- 
chandise, or  to  turn  pirate,  or  to  go  over  to  or  confederate 
with  pirates,  or  in  any  wise  to  trade  with  any  pirate, 
knowing  him  to  be  such,  or  furnishes  such  pirate  with  any 
ammunition,  stores,  or  provisions  of  any  kind,  or  fits  out 
any  vessel  knowingly  and,  with  a  design  to  trade  with, 
supply,  or  correspond  Avith  any  pirate  or  robber  upon  the 
seas ;  or  whoever  consults,  combines,  confederates,  or  cor- 
responds with  any  joirate  or  robber  upon  the  seas,  know- 
ing him  to  be  guilty  of  any  piracy  or  robbery ;  or  whoever, 
being  a  seaman,  confines  the  master  of  any  vessel,  shall  be 
fined  not  more  than  one  thousand  dollars  and  imprisoned 
not  more  than  three  years. 

The  words  "  vessel  of  the  United  States,"  wherever  they  see.  310. 
occur  in  this  chapter,  shall  be  construed  to  mean  a  vessel 
belonging  in  wJiole  or  in  part  to  the  United  States,  or  anj^ 
citizen  thereof,  or  any  corporation  created  by  or  under  the 
laws  of  the  United  States,  or  of  any  State,  Territory,  or 
District  thereof. 


Part  XLV.— PROTECTION  OF  SUBIMARINE  CABLES. 


453.   Protection  of  submarine  cables. 

Feb.  29,  1888.  Any  person  who  shall  willfully  and  wrongfully  break 
or  injure,  or  attempt  to  break  or  injure,  or  who  shall  in 
any  manner  procure,  counsel,  aid,  abet,  or  be  accessory  to 
such  breaking  or  injury,  or  attempt  to  break  or  injure,  a 
submarine  cable,  in  such  manner  as  to  interrupt  or  embar- 
rass, in  whole  or  in  part,  telegraphic  communication,  shall 
be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  liable  to  imprisonment  for  a  term  not  exceeding 
two  years,  or  to  a  fine  not  exceeding  five  thousand  dollars, 
or  to  both  fine  and  imprisonment,  at  the  discretion  of  the 
court. 

Sec.  2.  Any  person  who  by  culpable  negligence  shall  break  or 

injure  a  submarine  cable  in  such  manner  as  to  interrupt 
or  embarrass,  in  whole  or  in  part,  telegraphic  communi- 
cation, shall  be  guilty  of  a  misdemeanor,  and,  on  convic- 
tion thereof,  shall  be  liable  to  imprisonment  for  a  term 
not  exceeding  three  months,  or  to  a  fine  not  exceeding  five 
hundred  dollars,  or  to  both  fine  and  imprisonment,  at  the 
discretion  of  the  court. 

S(^c.  3.  Xhe  provisions  of  the  foregoing  sections  shall  not  a])ply 

to  a  person  who  breaks  or  injures  a  cable  in  an  effort  to 
save  the  life  or  limb  of  himxSelf  or  of  any  other  person,  or 
to  save  his  own  or  any  other  vessel:  Proinded.,  That  he 
takes  reasonable  precautions  to  avoid  such  breaking  or 
injury. 

Sec.  4.  xi-^e  master  of  any  vessel  which,  while  engaged  in  lay- 

ing or  repairing  submarine  cables,  shall  fail  to  observe 
the  rules  concerning  signals  that  have  been  or  shall  here- 
after be  adopted  by  the  parties  to  the  convention  with  a 
vieAv  to  preventing  collisions  at  sea ;  or  the  master  of  any 
vessel  that,  perceiving,  or  being  able  to  perceive  the  said 
signals  displayed  upon  a  telegraph  ship  engaged  in  re- 
pairing a  cable,  shall  not  withdraw  to  or  keep  at  a  dis- 
tance of  at  least  one  nautical  mile ;  or  the  master  of  any 
vessel  that  seeing  or  being  able  to  see  buoys  intended  to 
mark  the  position  of  a  cable  Avhen  being  laid  or  when  out 
of  order  or  broken,  shall  not  keep  at  a  distance  of  at  least 
a  quarter  of  a  nautical  mile,  shall  be  guilty  of  a  misde- 
meanor, and  on  conviction  thereof,  shall  be  liable  to  im- 
prisonment for  a  term  not  exceeding  one  month,  or  to  a 
fine  of  not  exceeding  five  hundred  dollars. 

442 


PART   XLV. PROTECTION    OF    SUBMARINE    CABLES.  443 

The  master  of  any  fishing  vessel  who  shall  not  keep  his  ^ec.  5. 
implements  or  nets  at  a  distance  of  at  least  one  nautical 
mile  from  a  vessel  engaged  in  la^-ing  or  repairing  a  citble; 
or  the  master  of  an}^  fishing  vessel  who  shall  not  keep  his 
implements  or  nets  at  a  distance  of  at  least  a  quarter  of  a 
nautical  mile  from  a  buoy  or  buoys  intended  to  mark  the 
position  of  a  cable  when  being  laid  or  when  out  of  order 
or  broken,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof,  shall  be  liable  to  imprisonment  for  a  term 
not  exceeding  ten  days,  or  to  a  fine  not  exceeding  two 
hundred  and  fifty  dollars,  or  to  both  such  fine  and  impris- 
onment, at  the  discretion  of  the  court : 

Prodded^  however^  That  fishing  vessels,  on  perceiving 
or  being  able  to  perceive  the  said  signals  displa3^ed  on  a 
telegraph  ship,  shall  be  allowed  such  time  as  may  be 
necessary  to  obey  the  notice  thus  given,  not  exceeding 
twenty-four  hours,  during  which  period  no  obstacles  shall 
be  phiced  in  the  way  of  their  operations. 

For  the  purpose  of  carrying  into  effect  the  convention,  ^^^-  ^• 
a.  person  commanding  a  ship  of  war  of  the  United  States 
or  of  any  foreign  state  for  the  time  being  bound  by  the 
convention,  or  a  ship  specially  commissioned  by  the  Gov- 
ernment of  the  United  States  or  by  the  Government  of 
such  foreign  state,  may  exercise  and  perform  the  duties 
vested  in  and  imposed  on  siich  officer  by  the  convention. 

Any  person  having  the  custody  of  the  papers  necessary  see.  7. 
for  the  preparation  of  the  statements  provided  for  in 
article  ten  of  the  convention  who  shall  refuse  to  exhibit 
them  or  shall  violently  resist  persons  having  authority 
according  to  article  ten  of  said  convention  to  draw  up 
statements  of  facts  in  the  exercise  of  their  functions,  shall 
be  gTiilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be.  liable  to  imprisonment  not  exceeding  two  years, 
or  to  a  fine  not  exceeding  five  thousand  dollars,  or  to  both 
fine  and  imprisonment,  at  the  discretion  of  the  court. 

The  penalties  provided  in  this  act  for  the  breaking  or   ^•^'^-  ^' 
injury  of  a  submarine  cable  shall  not  be  a  bar  to  a  suit  for 
damages  on  account  of  such  breaking  or  injury. 

When  an  offense  against  this  act  shall  have  been  com-  s^<^-^- 
mitted  by  means  of  a  vessel,  or  of  any  boat  belonging  to 
a  vessel,  the  master  of  such  vessel  shall,  unless  some  other 
person  is  shown  to  have  been  in  charge  of  and  navigating 
such  vessel  or  boat,  be  deemed  to  have  been  in  charge  of 
and  navigating  the  same,  and  be  liable  to  be  punished 
accordingly. 

Unless^  the  context  of  this  act  otherwise  requires,  the  see.  lo. 
term  "  vessel  "  shall  be  taken  to  mean  every  description  of 
vessel  used  in  navigation,  in  whatever  v\^ay  it  is  propelled; 
the  term  "  master  "  shall  be  taken  to  include  every  person 
having  command  or  charge  of  a  vessel;  and  the  term 
"  person  "  to  include  a  body  of  persons,  corporate  or  in- 
corporate.    The  term   "  convention "  shall  be  taken  to 


444  NAVIGATION   LAWS    OF    THE   UNITED   STATES. 

mean  the  International  Convention  for  the  Protection  of 
Submarine  Cables,  made  at  Paris  on  the  fourteenth  day  of 
May,  eighteen  hundred  and  eighty-four,  and  proclaimed 
by  the  President  of  the  United  States  on  the  twenty- 
second  day  of  May.  eighteen  hundred  and  eighty-five. 

Sec.  11.  The  provisions  of  the  Revised  Statutes,  from  section 

forty-three  hundred  to  section  forty-three  hundred  and 
five,  inclusive,  for  the  summary  trial  of  offenses  against 
the  navigation  laws  of  the  United  States,  shall  extend  to 
the  trial  of  offenses  against  the  provisions  of  sections  four 
and  five  of  this  act. 

Sec.  12.  The  provisions  of  this  act  shall  be  held  to  applv  only  to 

cables  to  which  the  convention  for  the  time  being  apiDlies. 

Sec.  13.  The   district  courts  of  the  United   States  shall  have 

jurisdiction  over  all  offenses  against  this  act  and  of  all 
suits  of  a  civil  nature  arising  thereunder,  whether  the 
infraction  complained  of  shall  have  been  committed 
within  the  territorial  waters  of  the  United  States  or  out- 
side of  the  said  waters : 

Provided^  That  in  case  such  infraction  is  committed 
outside  of  the  territorial  waters  of  the  United  States  the 
vessel  on  board  of  which  it  has  been  committed  is  a  vessel 
of  the  United  States.  From  the  decrees  and  judgments  of 
the  district  courts  in  actions  and  suits  arising  under  this 
act  appeals  and  writs  of  error  shall  be  allowed  as  noAV 
provided  b}^  law  in  other  cases. 

Criminal  actions  and  proceedings  for  a  violation  of  the 
provisions  of  this  act  shall  be  commenced  and  prosecuted 
in  the  district  court  for  the  district  within  which  the 
offense  was  committed,  and  when  not  committed  within 
any  judicial  district,  then  in  the  district  court  for  the  dis- 
trict withm  which  the  offender  may  be  found ;  and  suits 
of  a  civil  nature  may  be  commenced  in  the  district  court 
for  any  district  within  which  the  defendant  may  be  found 
and  shall  be  served  with  process. 


Part     XL  VI.— ADMINISTRATIVE     AND     EXECUTIVE 

OFFICES. 


454. 

Department    of    Commerce    and 

461. 

Labor. 

462. 

455. 

Bureau  of  Navigation. 

463. 

456. 

Shipping  commissioners. 

464. 

457. 

Customs  officers. 

465. 

458. 

Steamboat  Inspection  Service. 

466. 

459. 

Public   Health  and   Marine-Hos- 

467. 

pital  Service. 

468. 

460. 

Immigration  and  Naturalization 
Bureau. 

Life-Saving  Service. 
Revenue-Cutter  Service. 
Bureau  of  Light-Houses. 
Treasury  agents. 
Alaska  seal  agents. 
Coast  and  Geodetic  Survey. 
District  court  commissioners. 
Unauthorized  services. 


454.   Department  of  Commerce  and  Labor. 

There  shall  be  at  the  seat  of  government  an  executive 
department  to  be  known  as  the  Department  of  Commerce 
and  Labor,  and  a  Secretary  of  Commerce  and  Labor,  who 
shall  be  the  head  thereof,  who  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, who  shall  receive  a  salary  of  twelve  thousand  dollars 
per  annum,  and  whose  term  and  tenure  of  office  shall  be 
like  that  of  the  heads  of  the  other  Executive  Depart- 
ments; and  section  one  hundred  and  fifty-eight  of  the 
Revised  Statutes  is  hereby  amended  to  include  such  De- 
partment, and  the  provisions  of  title  four  of  the  Revised 
Statutes,  including  all  amendments  thereto,  are  hereby 
made  applicable  to  said  Department.  The  said  Secretary 
shall  cause  a  seal  of  office  to  be  made  for  the  said  Depart- 
ment of  such  device  as  the  President  shall  approve,  and 
judicial  notice  shall  be  taken  of  the  said  seal. 

There  shall  be  in  said  Department  an  Assistant  Secre- 
tary of  Commerce  and  Labor,  to  be  appointed  by  the 
President,  who  shall  receive  a  salary  of  five  thousand  dol- 
lars a  year.  He  shall  perform  such  duties  as  shall  be  pre- 
scribed by  the  Secretary  or  required  by  law.  There  shall 
also  be  one  chief  clerk  and  a  disbursing  clerk  and  such 
other  clerical  assistants  as  may  from  time  to  time  be  au- 
thorized by  Congress;  and  the  Auditor  for  the  State  and 
other  Departments  shall  receive  and  examine  all  accounts 
of  salaries  and  incidental  expenses  of  the  office  of  the  Sec- 
retary of  Commerce  and  Labor,  and  of  all  bureaus  and 
offices  under  his  direction,  all  accounts  relating  to  the 
Light-House  Board,  Steamboat-Inspection  Service,  Im- 
migration, Navigation,  Alaskan  fur-seal  fisheries,  the 
National  Bureau  of  Standards,  Coast  and  Geodetic  Sur- 
vey, Census,  Department  of  Labor,  Fish  Commission  and 

445 


Feb.  14,  1903. 


Sec.  2. 


446  NAVIGATION   LAWS    OF    THE   UNITED   STATES. 

to  all  other  business  within  the  jurisdiction  of  the  De- 
partment of  Commerce  and  Labor,  and  certify  the  bal- 
ances arising  thereon  to  the  Division  of  Bookkeeping  and 
Warrants  and  send  forthwith  a  copy  of  each  certificate 
to  the  Secretary  of  Commerce  and  Labor.  ^ 

^6c-2-  It  shall  be  the  province  and  duty  of  said  Department 

to  foster,  promote,  and  develop  the  foreign  and  domestic 
commerce,  the  mining,  manufacturing,  shipping,  and  fish- 
ery industries,  the  labor  interests,  and  the  transportation 
facilities  of  the  United  States ;  and  to  this  end  it  shall  be 
vested  with  jurisdiction  and  control  of  the  departments, 
bureaus,  offices,  and  branches  of  the  public  service  here- 
inafter specified,  and  with  such  other  powers  and  duties 
as  may  be  prescribed  by  law.  All  unexpended  appropria- 
tions, which  shall  be  available  at  the  time  when  this  Act 
takes  eifect,  in  relation  to  the  various  offices,  bureaus, 
divisions,  and  other  branches  of  the  public  service,  which 
shall,  by  this  Act,  be  transferred  to  or  included  in  the 
Department  of  Commerce  and  Labor,  or  which  may  here- 
after, in  accordance  with  the  provisions  of  this  Act,  be  so 
transferred,  shall  become  available,  from  the  time  of  such 
transfer,  for  expenditure  in  and  by  the  Department  of 
Commerce  and  Labor  and  shall  be  treated  the  same  as 
though  said  branches  of  the  public  service  had  been  di- 
rectly named  in  the  laws  making  said  appropriations  as 
parts  of  the  Department  of  Commerce  and  Labor,  under 
the  direction  of  the  Secretary  of  said  Department. 

^^c.  4.  'j^i^Q  following-named   offices,   bureaus,   divisions,   and 

branches  of  the  public  service,  now  and  heretofore  under 
the  jurisdiction  of  the  Department  of  the  Treasury,  and 
all  that  pertains  to  the  same,  known  as  the  Light-House 
Board,  the  Light-House  Estal)lis]iment,  the  Steamboat- 
Inspection  Service,  the  Bureau  of  Navigation,  the  United 
States  Ship])ing  Commissioners,  the  Xational  Bureau  of 
Standards,  the  Coast  and  Geodetic  Survey,  the  Commis- 
sioner-General of  Immigration,  tlie  commissioners  of  im- 
migration, the  Bureau  of  Immigration,  the  immigration 
service  at  large,  and  the  Bureau  of  Statistics,  be,  and  the 
same  hereby  are,  transferred  from  the  Department  of  the 
Treasury  to  the  Department  of  Commerce  and  Labor,  and 
the  same  shall  hereafter  remain  under  the  jurisdiction  and 
supervision  of  the  last-named  Department;  and  that  the 
Census  Office,  and  all  that  pertains  to  the  same,  be,  and 
tlie  same  hereby  is,  transferred  from  the  Department  of 
the  Interior  to  the  Department  of  Commerce  and  Labor, 
to  remain  henceforth  under  the  jurisdiction  of  the  latter; 
that  the  Department  of  Labor,  the  Fish  Commission,  and 
the  Office  of  Commissioner  of  Fish  and  Fisheries,  and  all 
that  pertains  to  the  same,  be,  and  the  same  hereby  are, 
placed  under  the  jurisdiction  and  made  a  i:)art  of  the  De- 
partment of  Commerce  and  Labor;  that  the  Bureau  of 
Foreign  Commerce,  no^v  in  the  Department  of  State,  be, 
and  the  same  hereby  is,  transferred  to  the  Department  of 


PART   XL VI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.      447 

Commerce  and  Labor  and  consolidated  with  and  made  a 
part  of  the  Bureau  of  Statistics,  hereinbefore  transferred 
from  the  Department  of  the  Treasury  to  the  Department 
of  Commerce  and  Labor,  and  the  two  shall  constitute  one 
bureau,  to  be  called  the  Bureau  of  Statistics,  Avith  a  chief 
of  the  bureau ;  and  that  the  Secretary  of  Commerce  and 
Labor  shall  have  control  of  the  work  of  gathering  and 
distributing  statistical  information  naturally  relating  to 
the  subjects  confided  to  his  Department;  and  the  Secre- 
tary of  Commerce  and  Labor  is  hereby  given  the  power 
and  authority  to  rearrange  the  statistical  Avork  of  the 
bureaus  and  offices  confided  to  said  Department,  and  to 
consolidate  any  of  the  statistical  bureaus  and  offices  trans- 
ferred to  said  Dei^artment ;  and  said  Secretary  shall  also 
have  authority  to  call  upon  other  Departments'of  the  Gov- 
ernment for  statistical  data  and  results  obtained  by  them ; 
and  said  Secretary  of  Commerce  and  Labor  may  col- 
late, arrange,  and  publish  such  statistical  information  so 
obtained  in  such  manner  as  to  him  may  seem  wise. 

The  official  records  and  papers  now  on  file  in  and  per- 
taining exclusively  to  the  business  of  any  bureau,  office, 
department,  or  branch  of  the  public  service  in  this  Act 
transferred  to  the  Department  of  Commerce  and  Labor, 
together  with  the  furniture  now  in  use  in  such  bureau, 
office,  department,  or  branch  of  tlie  public  service,  shall 
be,  and  hereby  are,  transferred  to  the  Department  of  Com- 
merce and  Labor. 

*****  Sec.  5. 

And  all  consular  officers  of  the  United  States,  includ- 
ing consuls-general,  consuls,  and  commercial  agents,  are 
hereby  required,  and  it  is  made  a  part  of  their  duty,  under 
the  direction  of  the  Secretary  of  State,  to  gather  and  com- 
pile, from  time  to  time,  useful  and  material  information 
and  statistics  in  respect  to  the  subjects  enumerated  in  sec- 
tion three  of  this  Act  in  the  countries  and  places  to  which 
such  consular  officers  are  accredited,  and  to  send,  under 
the  direction  of  the  Secretary  of  State,  reports  as  often 
as  required  b}^  the  Secretary  of  Commerce  and  Labor  of 
the  information  and  statistics  thus  gathered  and  compiled, 
such  reports  to  be  transmitted  through  the  State  Depart- 
ment to  the  Secretary  of  the  Department  of  Commerce 
and  Labor. 

The  jurisdiction,  supervision  and  control  now  possessed  Sp.c.  7. 
and  exercised  by  the  Department  of  the  Treasury  over  the 
fur-seal,  salmon  and  other  fisheries  of  Alaska  and  over  the 
immigration  of  aliens  into  the  United  States,  its  waters, 
territories  and  any  place  subject  to  the  jurisdiction 
thereof,  are  hereby  transferred  and  vested  in  the  Dej^art- 
ment  of  Commerce  and  Labor:  Provided^  That  nothing- 
contained  in  this  Act  §hall  be  construed  to  alter  tlie 
method  of  collecting  and  accounting  for  the  head-tax 
prescribed  by  section  one  of  the  Act  enlicled  "An  Act  to 


448  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

regulate  immigration,"  approved  August  third,  eighteen 
hundred  and  eighty-two.  That  the  authority,  power  and 
jurisdiction  now  possessed  and  exercised  by  the  Secretary 
of  the  Treasury  by  virtue  of  any  law  in  relation  to  the 
exclusion  from  and  the  residence  within  the  United  States, 
its  territories  and  the  District  of  Columbia,  of  Chinese 
and  persons  of  Chinese  descent,  are  hereby  transferred  to 
and  conferred  upon  the  Secretary  of  Commerce  and  La- 
bor, and  the  authority,  power  and  jurisdiction  in  relation 
thereto  noAV  vested  by  law  or  treaty  in  the  collectors  of 
customs  and  the  collectors  of  internal  revenue,  are  hereby 
conferred  upon  and  vested  in  such  officers  under  the  con- 
trol of  the  Commissioner-General  of  Immigration,  as  the 
Secretary  of  Commerce  and  Labor  may  designate  therefor. 

Sec.  8.  Xhe  Secretary  of  Commerce  and  Labor  shall  annually, 

at  the  close  of  each  fiscal  3'ear,  make  a  report  in  writing  to 
Congress,  giving  an  account  of  all  moneys  received  and 
disbursed  by  him  and  his  Department,  and  describing  the 
work  done  by  the  Department  in  fostering,  promoting, 
and  developing  the  foreign  and  domestic  commerce,  the 
mining,  manufacturing,  shipping,  and  fishery  industries, 
and  the  transportation  facilities,  of  the  United  States, 
and  making  such  recommendations  as  he  shall  deem  nec- 
essary for  the  eifective  performance  of  the  duties  and 
purposes  of  the  Department.  He  shall  also  from  time  to 
time  make  such  special  investigations  and  reports  as  he 
may  be  required  to  do  by  the  President,  or  by  either 
House  of  Congress,  or  which  he  himself  may  deem  neces- 
sary and  urgent. 

Sec.  9.  *  «  ♦  *  ♦ 

All  officers,  clerks,  and  employees  now  employed  in  or 
by  any  of  the  bureaus,  offices,  departments,  or  branches 
of  the  public  service  in  this  Act  transferred  to  the  Depart- 
ment of  Commerce  and  Labor  are  each  and  all  hereby 
ti-ansferred  to  said  Department  at  their  present  grades 
and  salaries,  except  where  otherwise  provided  in  this 
Act :  And  provided  further^  That  all  laws  prescribing  the 
work  and  defining  the  duties  of  the  several  bureaus, 
offices,  departments,  or  branches  of  the  public  service  by 
this  Act  transferred  to  and  made  a  part  of  the  Depart- 
ment of  Commerce  and  Labor  shall,  so  far  as  the  same 
are  not  in  conflict  with  the  provisions  of  this  Act,  remain 
in  full  force  and  effect  until  otherwise  provided  by  law. 

All  duties  performed  and  all  power  and  authority  now 
possessed  or  exercised  by  the  head  of  any  executive  de- 
partment in  and  over  any  bureau,  office,  officer,  board, 
branch,  or  division  of  the  public  service  by  this  Act 
transferred  to  the  Department  of  Commerce  and  Labor, 
or  any  business  arising  therefrom  or  pertaining  thereto, 
or  in  relation  to  the  duties  performed  by  and  authority 
conferred  by  law  upon  such  bureau,  officer,  office,  board, 
branch  or  division  of  the  public  service,  whether  of  an 


Sec.  10. 


PART    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       449 

appellate  or  revisory  character  or  otherwise,  shall  here- 
after be  vested  in  and  exercised  by  the  head  of  the  said 
Department  of  Commerce  and  Labor. 

Air  duties,  power,  authority  and  jurisdiction,  whether 
supervisory,  appellate  or  otherwise,  now  imposed  or  con- 
ferred upon  the  Secretary  of  the  Treasury  by  Acts  of 
Congress  relating  to  merchant  vessels  or  yachts,  their 
measurement,  numbers,  names,  registers,  enrollments, 
licenses,  commissions,  records,  mortgages,  bills  of  sale, 
transfers,  entry,  clearance,  movements  and  transportation 
of  their  cargoes  and  passengers,  owners,  officer.s,  seamen, 
passengers,  fees,  inspection,  equipment  for  the  better 
security  of  life,  and  by  Acts  of  Congress  relating  to 
tonnage  tax,  boilers  on  steam  vessels,  the  carrying  of  in- 
flammable, explosive  or  dangerous  cargo  on  vessels,  the 
use  of  petroleum  or  other  similar  substances  to  produce 
motive  power  and  relating  to  the  remission  or  refund  of 
fines,  penalties,  forfeitures,  exactions  or  charges  incurred 
for  violating  any  provision  of  law^  relating  to  vessels  or 
seamen  or  to  informer's  shares  of  such  fines,  and  by  Acts 
of  Congress  relating  to  the  Commissioner  and  Bureau  of 
Navigation,  Shipping  Commissioners,  their  officers  and 
employees,  Steamboat-Inspection  Service  and  any  of  the 
oiiicials  thereof,  shall  be  and  hereby  are  transferred  to 
and  imposed  and  conferred  upon  the  Secretary  of  Com- 
merce and  Labor  from  and  after  the  time  of  the  transfer 
of  the  Bureau  of  Navigation,  the  Shipping  Commissioners 
and  the  Steamboat  Inspection  Service  to  the  Department 
of  Commerce  and  Labor,  and  shall  not  thereafter  be  im- 
posed upon  or  exercised  by  the  Secretary  of  the  Treas- 
ury. And  all  Acts  or  parts  of  Acts  inconsistent  with  this 
Act  are,  so  far  as  inconsistent,  hereby  repealed. 
455.    Bureau  of  Navigation. 

There  shall  be  in  the  Department  of  Commerce  and   July  5, 1884. 
Labor   a   Bureau   of   Navigation,   under  the   immediate  ^^^-  i^'  ^^^3. 
charge  of  a  Commissioner  of  Navigation.  ^^^'^'  '^'  ^^' 

The  Commissioner  of  Navigation,  under  the  direction   -luiy  .5, 1S84. 
of  the  Secretary  of  Commerce   and   Labor,  shall  have   ^^^-  ^• 
general  superintendence  of  the  commercial  marine  and   g^Jg  ^  '10^^^* 
merchant  seamen  of  the  United  States,  so  far  as  vessels 
and  seamen  are  not,  under  existing  laws,  subject  to  the 
supervision  of  any  other  officer  of  the  Government. 

He  shall  be  specially  charged  with  the  decision  of  all 
questions  relating  to  the  issue  of  registers,  enrollments, 
and  licenses  of  vessels,  and  to  the  filing  and  preserving  of 
those  documents;  and  wherever  in  title  forty-eight  [R.  S., 
4131-4305]  or  fifty  [R.  S.,  4311-4390]  of  the  Revised 
Statutes  any  of  the  above-named  documents  are  required 
to  be  surrendered  or  returned  to  the  Register  of  the 
Treasury,  such  requirement  is  hereby  repealed,  and  such 
documents  shall  be  surrendered  and  returned  to  the  Com- 
missioner of  Navigation.    Said  Commissioner  shall  have 

96694°— 11 29 


450  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

charge  of  all  similar  documents  now  in  the  keeping  of  the 
Register  of  the  Treasury,  and  shall  perform  all  the  duties 
hitherto  devolved  upon  said  Register  relating  to  navi- 
gation. 
July  5, 1884.  The  Commissioner  of  Navigation  shall  be  charged  with 
Sec.  3.  the  supervision  of  the  laws  relating  to  the  admeasurement 

of  vessels,  and  the  assigning  of  signal  letters  thereto,  and 
of  designating  their  official  number;  and  on  all  questions 
of  interpretation  growing  out  of  the  execution  of  the 
laws  relating  to  these  subjects,  and  relating  to  the  collec- 
tion of  tonnage  tax,  and  to  the  refund  of  such  tax  when 
collected  erroneously  or  illegally,  his  decision  shall  be 
final. 
Sec.  4.  The  Commissioner  of  Navigation  shall  annually  pre- 

pare and  publish  a  list  of  vessels  of  the  United  States 
belonging  to  the  commercial  marine,  specifying  the  official 
number,  signal  letters,  names,  rig,  tonnage,  home  port, 
and  place  and  date  of  building  of  every  vessel,  distin- 
guishing in  such  list  sailing-vessels  from  such  as  may  be 
propelled  by  steam  or  other  motive  power. 
Feb.  14,  1903.      Hq  shall  also  report  annually  to  the  Secretary  of  Com- 
secs.4, 10.      ly^erce  and  Labor^the  increase  of  vessels  of  the  United 
States,  bv  building  or  otherwise,  specifying  their  number, 
rio-.  and  motive  power.     He  shall  also  investigate  the  op- 
erations of  the  laws  relative  to  navigation,  and  annually 
report  to  the  Secretary  of  Commerce  and  Labor  such  par- 
ticulars as  may,  in  his  judgment,  admit  of  improvement 
or  may  require  amendment. 
July  5, 1884.       The  Commissioner  of  Navigation  shall,  under  the  direc- 
sec.  5.  ^-(^j^  Qf  the  Secretarv  of  Commerce  and  Labor,  be  empow- 

Feb.  14.  1903.  ^^^^^  ^^  change  the  names  of  vessels  of  the  United  States, 
under  such  restrictions  as  may  have  been  or  shall  be  pre- 
scribed bv  act  of  Congress. 
July  5, 1884.       The  Commissioner  of  Navigation  shall  be  appointed  by 
Sec.  6.  the  President  of  the  United  States,  by  and  with  the  ad- 

vice and  consent  of  the  Senate,  and  shall  receive  a  salary 
of  four  thousand  dollars  per  annum.     And  the  Secretary 
of  Commerce  and  Labor  shall  have  power  to  transfer 
Feb.  14,  1903.  from  existing  Bureaus  or  divisions  of  the  Department  of 
Sec.  10.  Commerce  and  Labor  one  clerk,  to  be  designated  as  dep- 

uty commissioner  of  navigation,  to  act  with  the  full  pow- 
ers of  said  Commissioner  during  his  temporary  absence 
from  his  official  duty  for  any  cause. 
456.   Shipping"  commissioners. 
R.  s.,  4501.         xhe  Secretary  of  Commerce  and  Labor  shall  appoint  a 
June  26, 1884.  commissioner  for  each  port  of  entry,  which  is  also  a  port 
Feb. I4,  1903.  of  ocean  navigation,  and  Avhich,  in  his  judgment,  may 
Sees. 4,10.      require  the  same;  such  commissioner  to  be  termed  a  ship- 
Mar.  4,  I9ii.   ping  commissioner,  and  may,  from  time  to  time,  remove 
from  office  any  such  commissioner  whom  he  may  have 
reason  to  believe  does  not  properly  perform  his  duty,  and 


PART    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       451 

shall  then  provide  for  the  proper  performance  of  his 
duties  until  another  person  is  duly  appointed  in  his  place : 
Provided^  That  Shipping  Commissioners  now  in  ofRce 
shall  continue  to  perform  the  duties  thereof  until  others 
shall  be  appointed  in  their  places.  Shipping  Commis- 
sioners shall  monthly  render  a  full,  exact,  and  itemized 
account  of  their  receipts  and  expenditures  to  the  Secre- 
tary of  Commerce  and  Labor,  who  shall  determine  their 
compensation,  and  shall  from  time  to  time  determine  the 
number  and  compensation  of  the  clerks  appointed  by  such 
commissioner,  with  the  approval  of  the  Secretary  of  Com- 
merce and  Labor,  subject  to  the  limitations  now  fixed  hy 
law.  The  Secretary  of  Commerce  and  Labor  shall  regu- 
late the  mode  of  conducting  business  in  the  shipping 
offices  to  be  established  by  the  shipping  commissioners  as 
hereinafter  provided,  and  shall  have  full  and  complete 
control  over  the  same,  subject  to  the  pro^dsions  herein 
contained;  and  all  expenditures  by  shipping  commission-  June  19, 1886. 
ers  shall  be  audited  and  adjusted  in  the  Treasury  Depart-  ^^^-  J^-  ^^^^• 
ment  in  the  mode  and  manner  provided  for  expenditures 
in  the  collection  of  customs. 

Every  shiiDping  commissioner  so  appointed  shall  give  ^-  ^"^^^^f^r^c. 
bond  to  the  United  States,  conditioned  for  the  faithful  ^  p^-  ' 
performance  of  the  duties  of  his  office,  for  a  sum,  in  the 
discretion  of  the  Secretary  of  Commerce  and  Labor,  of 
not  less  than  five  thousand  dollars,  in  such  form  and  with 
such  security  as  the  Secretary  or  Commerce  and  Labor 
shall  direct  and  approve;  and  shall  take  and  subscribe 
the  oath  prescribed  by  section  seventeen  hundred  and 
fifty-seven  of  the  Revised  Statutes  before  entering  upon 
the  duties  of  his  office:  Provided^  That  nothing  in  this 
section  shall  be  construed  to  affect  in  any  respect  the  lia- 
bility of  principal  or  sureties  on  any  bond  heretofore 
given  by  any  shipping  commissioner. 

Any  shipping-commissioner  may  engage  clerks  to  assist   R-  s.,  4505. 
him  in  the  transaction  of  the  business  of  the  shipping-  j^^g^2^6  \^8^8^4 
office,  at  his  own  proper  cost,  and  may,  in  case  of  necessity,  g^c.  27.' 
depute  such  clerks  to  act  for  him  in  his  official  capacity ;  June  19,  I886. 
but  the  shipping-commissioner  shall  be  held  responsible 
for  the  acts  of  every  such  clerk  or  deputy,  and  will  be 
personally  liable  for  any  penalties  such  clerk  or  deputy 
may  incur  by  the  violation  of  any  of  the  provisions  of  this 
Title  [K.  S.,  4501-4613]  ;  and  all  acts  done  by  a  clerk,  as 
such  deputy,  shall  be  as  valid  and  binding  as  if  done  by 
the  shipping-commissioner. 

Each  shipping-commissioner  shall  provide  a  seal  with  R-  s.,  4500. 
which  he  shall  authenticate  all  his  official  acts,  on  which 
seal  shall  be  engraved  the  arms  of  the  United  States,  and 
the  name  of  the  port  or  district  for  which  he  is  commis- 
sioned. Any  instrument,  either  printed  or  written,  pur- 
porting to  be  the  official  act  of  a  shipping-commissioner, 
and  purporting  to  be  under  the  seal  and  signature  of  such 
shipping-commissioner,  shall  be  received  as  presumptive 


452  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

evidence  of  the  official  character  of  such  instrument,  and 
of  the  truth  of  the  facts  therein  set  forth. 
R.  s.,  4507.         xhe  Secretary  of  Commerce  and  Labor  shall  assign  in 
Feb^'i^4,m)^3.  Piiblic  buildings  or  otherAvise  procure  suitable  offices  and 
Sec.  lo'.  rooms  for  the  shipment  and  discharge  of  seamen,  to  be 

known  as  shipping  commissioners'  offices,  and  shall  pro- 
cure furniture,  stationery,  printing,  and  other  requisites 
for  the  transaction  of  tlie  business  of  such  offices. 
R.  s.,  4594.  In  no  case  shall  the  salary,  [fees,  and  emoluments]  of 

June  19, 1886.  .^^^^  ^^^^^  appointed  Under  this  Title  [R.  S.,  4501-i613] 
be  more  than  five  thousand  dollars  per  annum  [ ;  and  any 
additional  fees  shall  be  paid  into  the  Treasury  of  the 
United  States]. 
457.  Customs  oflB.cers. 
R.  s.,  2621.  ^^  gr^ch  of  the  ports  to  which  there  are  appointed  a 
collector,  naval  officer,  and  surveyor,  it  shall  be  the  duty 
of  the  collector: 

First.  To  receive  all  reports,  manifests,  and  documents 
to  be  made  or  exhibited  on  the  entry  of  any  ship  or  vessel, 
according  to  the  regulations  of  this  Title  [K.  S.,  2517- 
3129]. 

Second.  To  record,  in  books  to  be  kept  for  that  pur- 
pose, all  manifests. 

Third.  To  receive  the  entries  of  all  ships  or  vessels,  and 
of  the  goods,  wares,  and  merchandise  imported  in  them. 
-  Fourth.  To  estimate,  together  with  the  naval  officer 
where  there  is  one,  or  alone  where  there  is  none,  the 
amount  of  the  dues  payable  thereupon,  indorsing  such 
amount  upon  the  respective  entries. 

Fifth.  To  receive  all  moneys  paid  for  duties,  and  take 
all  bonds  for  securing  the  payment  thereof. 

Sixth.  To  grant  all  permits  for  the  unlading  and  deliv- 
ery of  goods. 

Seventh.  To  employ,  with  the  approval  of  the  Secre- 
tary of  the  Treasury,  proper  persons  as  weighers,  gangers, 
measurers,  and  inspectors  at  the  several  ports  Avithin  his 
district. 

Eighth.  To   provide,   with   the   like   approval,   at  the 
public  expense,  store-houses  for  the  safe-keeping  of  goods, 
and  such  scales,  weights,  and  measures  as  may  be  nec- 
essary. 
R.  s.,  2622.  ^^  ports  to  which  a  collector  and  surveyor  only  are  ap- 

pointed, the  collector  shall  solely  execute  all  the  duties  in 
which  the  co-operation  of  the  naval  officer  is  requisite  at 
the  ports  where  a  naval  officer  is  appointed.  And  he  shall 
act  in  like  manner  in  case  of  the  disability  or  death  of  the 
naval  officer,  until  a  successor  is  appointed,  unless  there 
is  a  deputy  duly  authorized  under  the  hand  and  seal  of 
the  naval  officer,  who  in  that  case  shall  continue  to  act 
imtil  an  appointment  is  made. 
R.  s.,  2623.  At  ports  to  which  a  collector  only  is  appointed,  the 

collector  shall  solely  execute  all  the  duties  in  which  the 


PAKT    XLVT. ADMINISTRATIVE   AND    EXECUTIVE    OFFICES.      453 

co-operation  of  the  naval  officer  is  requisite,  at  ports  where 
a  naval  officer  is  appointed,  and  he  shall  also,  as  far  as 
may  be,  perform  all  the  duties  prescribed  for  surveyors 
at  ports  where  surveyors  are  authorized. 

At  ports  of  delivery  to  which  no  surveyor  is  appointed,  R-  s.,  2G24. 
and  at  such  ports  only,  the  collector  may,  from  time  to 
time,  when  it  is  necessary,  emplo}^  a  proper  person  to  per- 
form the  duties  of  a  surve^^or;  who  shall  be  entitled  to  the 
like  compensation  with  an  inspector  during  the  time  he 
is  employed. 

In  case  of  the  disability  or  death  of  a  collector,  the  R.  s.,  2625. 
duties  and  authorities  vested  in  him  shall  devolve  on  his 
deputy,  if  any  there  be  at  the  time  of  such  disability  or 
death,  for  whose  conduct  the  estate  of  such  disabled  or 
deceased  collector  shall  be  liable:  and,  if  there  be  no  dep- 
uty, they  shall  devolve  upon  the  naval  officer  of  the  same 
district,  if  any  there  be;  and  if  there  be  no  naval  officer, 
they  shall  devole  upon  the  surveyor  of  the  port  ap- 
pointed for  the  residence  of  such  disabled  or  deceased  col- 
lector, if  any  there  be;  and  if  there  be  no  such  surveyor, 
they  shall  devolve  upon  the  surveyor  of  the  port  nearest 
thereto  and  within  the  district 

At  ports  to  which  there  are  appointed  a  collector,  naval  r.  s.,2626. 
officer,  and  surveyor,  it  shall  be  the  duty  of  the  naval 
officer — 

First.  To  receive  copies  of  all  manifests  and  entries. 

Second.  To  estimate,  together  with  the  collector,  the 
duties  on  all  merchandise  subject  to  duty,  and  no  duties 
shall  be  received  without  such -esti mat es.*^ 

Third.  To  keep  a  separate  record  of  such  estimates. 

Fourth.  To  countersign  all  permits,  clearances,  certifi- 
cates, debentures,  and  other  documents,  to  be  granted  by 
the  collector. 

Fifth.  To  examine  the  collector's  abstracts  of  duties, 
and  other  accounts  of  receipts,  bonds,  and  expenditures, 
and  certify  the  same  if  found  right. 

At  ports  to  which  there  are  appointed  a  collector,  naval  R.  s„  2627. 
officer,  and  surveyor,  it  shall  be  the  du.ty  of  the  surveyor, 
who  shall  be  in  all  cases  subject  to  the  direction  of  the 
collector — 

First.  To  superintend  and  direct  all  inspectors,  weigh- 
ers, measurers,  and  gangers  within  his  port. 

Second.  To  report  once  in  every  week  to  the  collector     • 
the  name  or  names  of  all  inspectors,  weighers,  gangers,  or 
measurers  who  are  absent  from  or  neglect  to  do  their 
duty. 

Third.  To  visit  or  inspect  the  vessels  which  arrive  in 
his  port,  and  make  a  return  in  writing  every  morning  to 
the  collector  of  all  vessels  which  have  arrived  from  for- 
eign ports  during  the  preceding  day;  specifying  the 
names  and  denominations  of  the  vessels,  the  masters' 
names,  from  whence  arrived,  whether  laden  or  in  ballast, 


454  NAVTGATTOT^   LAWS   OF   THE   UNITED   STATES. 

to  what  nation  belonging,  and,  if  American  vessels, 
whether  the  masters  thereof  have  or  have  not  complied 
with  the  law,  in  having  the  required  number  of  manifests 
of  the  cargo  on  board,  agreeing  in  substance  with  the  pro- 
visions of  law. 

Fourth.  To  put  on  board  each  of  such  vessels  one  or 
more  inspectors  immediately  after  their  arrival  in  his 
port. 

Fifth.  To  ascertain  the  proof,  quantities,  and  kinds  of 
distilled  spirits  imported,  rating  such  spirits  according  to 
their  respective  degrees  of  proof,  as  defined  by  the  laws 
imposing  duties  on  spirits. 

Sixth.  To  examine  whether  the  goods  imported  in  any 
vessel,  and  the  deliveries  thereof,  agreeably  to  the  in- 
spector's returns,  correspond  with  the  permits  for  land- 
ing the  same;  and  if  any  error  or  disagreement  appears, 
to  report  the  same  to  the  collector,  and  to  the  naval  officer, 
if  any. 

Seventh.  To  superintend  the  lading  for  exportation  of 
all  goods  entered  for  the  benefit  of  any  drawback,  bounty, 
or  allowance,  and  examine  and  report  whether  the  kind, 
quantit}^,  and  quality  of  the  goods,  so  laden  on  board  any 
vessel  for  exportation,  correspond  with  the  entries  and 
permits  granted  therefor.  * 

Eighth.  To  examine,  and,  from  time  to  time,  and  par- 
ticularly on  the  first  Mondays  of  January  and  July  in 
each  3'ear,  try  the  weights,  measures,  and  other  instru- 
ments used  in  ascertaining  the  duties  on  imports,  with 
standards  to  be  provided  by  each  collector  at  the  public 
expense  for  that  purpose;  and  where  disagreements  or 
errors  are  discovered,  to  report  the  same  to  the  collector; 
and  to  obey  and  execute  such  directions  as  he  may  receive 
for  correcting  the  same,  agreeably  to  the  standards. 
R.  s.,  2628.  ^t  ports  to  which  surveyors  only  are  appointed,  the  sur- 
veyor shall  perform  all  the  duties  enjoined  upon  surveyors 
by  the  preceding  section ;  and  shall  also  receive  and  record 
the  coj^ies  of  all  manifests  transmitted  to  him  by  the  col- 
lector; shall  record  all  permits  granted  by  the,  collector, 
distinguishing  the  gauge,  weight,  measure,  and  quality  of 
goods  siDecified  therein ;  and  shall  take  care  that  no  goods 
be  unladen  or  delivered  from  any  ship  or  vessel  without  a 
proper  permit  for  that  purpose. 
R.  s.,  2629.  In  case  of  the  disability  or  death  of  a  surveyor,  the  col- 
lector of  the  district  may  authorize  some  fit  person  to  per- 
form his  duties  and  exercise  his  powers;  and  the  powers 
of  the  person  so  authorized  shall  continue  until  a  suc- 
cessor is  duly  appointed,  and  ready  to  enter  upon  the  exe- 
cution of  his  office. 
R.  s.,  2630.  Every  collector  of  the  customs  shall  have  authority, 

with  the  approval  of  the  Secretar}^  of  the  Treasury,  to 
emjDloy  within  his  district  such  number  of  proper  persons 
as  deputy  collectors  of  the  customs  as  he  shall  deem  neces- 


PART    XLVI. — ADMINISTRATIVE    AND   EXECUTIVE    OFFICES.       455 

sary;  and  such  deputies  are  declared  to  be  officers  of  the 
customs.  And  in  cases  of  occasional  and  necessary  ab- 
sence, or  of  sickness,  any  collector  may  exercise  his  pow- 
ers and  perform  his  duties  by  deputy,  duly  constituted  un- 
der his  hand  and  seal,  and  he  shall  be  answerable  for  the 
acts  of  such  deputy  in  the  execution  of  such  trust. 

In  case  of  the  sickness  or  unavoidable  absence  of  any  r.  s.,  2631. 
collector  or  surveyor  of  customs  from  his  office,  he  may, 
with  the  approval  of  the  Secretary  of  the  Treasury,  au- 
thorize some  officer  or  clerk  under  him  to  act  in  his  place, 
and  to  discharge  all  the  duties  required  by  law  of  such  col- 
lector or  surveyor  in  his  capacity  as  disbursing  agent ;  and 
the  official  bond  given  by  the  principal  of  the  office  shall 
be  held  to  cover  and  apply  to  the  acts  of  the  person  ap- 
pointed to  act  in  his  place  in  such  cases. 

Every  naval  officer  and  surveyor,  in  cases  of  occasional  R-  s.,  2632. 
and  necessary  absence,  or  of  sickness,  and  not  otherwise, 
may  respectively  exercise  and  perform  their  functions, 
powers,  and  duties  by  deputy,  duly  constituted  under 
their  hands  and  seals  respectively,  for  whom,  in  the  exe- 
cution of  their  trust,  they  shall  respectively  be  answer- 
able. 

The  Secretary  of  the  Treasury  is  authorized,  whenever  R.  s.,  2633. 
in  his  opinion  the  public  interest  demands  it,  to  clothe 
any  deputy  collector  at  a  port  other  than  the  principal 
port  of  entry,  with  all  the  powers  of  his  principal  apper- 
taining to  official  acts;  and  he  may  require  such  deputy  to 
give  bond  to  the  United  States,  in  such  amount  as  the 
Secretary  ma}^  prescribe,  for  the  faithful  discharge  of 
his  official  duties. 

The  Secretary  of  the  Treasury  may,  from  time  to  time,  ^-  S-,  2634. 
except  in  cases  otherwise  provided,  limit  and  fix  the  num- 
ber and  compensation  of  the  clerks  to  be  employed  by  any 
collector,  naval  officer,  or  surveyor,  and  may  limit  and  fix 
the  compensation  of  any  deputy  of  any  such  collector, 
naval  officer,  or  surveyor. 

Every  collector,  naval  officer,  and  surveyor  shall  cause  ^-  ^•«  2635. 
to  be  affixed,  and  constantly  kept  in  some  public  and  con- 
spicuous place  of  his  office,  a  fair  table  of  the  rates  of  fees 
and  duties  demandable  by  law,  and  shall  give  a  receipt 
for  the  fees  received  by  him,  specifying  the  particulars 
wdienever  required  so  to  do;  and  for  every  failure  so  to 
do,  he  shall  be  liable  to  a  penalty  of  one  hundred  dollars, 
recoverable  to  the  use  of  the  informer. 

Every  officer  of  the  customs  who  demands  or  receives  R.  3.,  2636. 
any  other  or  greater  fee,  compensation,  or  reward  than  is 
allowed  by  law,  for  performing  any  duty  or  service  re- 
quired from  him  by  law^,  shall  be  liable  to  a  penalty  of 
two  hundred  dollars  for  each  offense,  recoverable  to  the 
use  of  the  party  aggrieved. 

If  any  inspector,  ganger,  weigher,  or  measurer  shall   ^-  ^•'  ^637. 
receive  any  gratuity,  fee,  or  reward  for  any  services  per- 


456  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

formed  by  virtue  of  this  Title  [E.  S.,  2517-3129],  other 
than  is  by  hiw  allowed,  or  of  any  ganger,  weigher,  or 
measurer,' employed  as  such  by  the  public,  in  the  districts 
of  Portsmouth,  Salem  and  Beverly^  Boston  and  Charles- 
town,  Providence,  New  York,  Philadelphia,  Baltimore, 
Norfolk  and  Portsmouth,  or  Charleston,  shall  gauge, 
weigh,  or  measure  any  article  or  articles,  other  than  shall 
be  directed  by  the  proper  officer,  in  order  to  ascertain  the 
duties  to  be  received,  or  the  drawbacks  to  be  allowed 
thereon,  or  shall  make  a  return  of  the  weight,  gauge,  or 
measure  of  any  merchandise  laden,  or  to  be  laden,  on 
board  any  vessel  for  the  benefit  of  drawback  upon  ex- 
portation, without  having  actually  weighed,  gauged,  or 
measured  tlie  same,  as  the  case  may  require,  after  such 
merchandise  shall  have  been  notified  to  the  collector  and 
entered  for  exportation,  he  shall  be  liable  for  the  first 
offense  to  a  penalty  of  fifty  dollars,  and  for  each  subse- 
quent offense  to  a  penalty  of  two  hundred  dollars,  and  be 
discharged  from  the  public  service.  And  if  any  in- 
spector or  other  officer  of  the  customs  shall  certify  the 
shipment  of  any  merchandise  entitled  to  drawback  on 
exportation  without  having  duly  inspected  and  examined 
the  same,  after  he  shall  have  received  the  permit  for 
lading  such  merchandise,  or  if  the  amount  of  such  draw- 
back shall  be  estimated  according  to  weight,  gauge,  or 
measure,  until  such  merchandise  shall  be  first  weighed, 
gauged,  or  measured,  as  the  case  ma}^  require,  he  shall  be 
subject  to  the  like  penalties,  and  be  discharged  from  the 
public  service. 

R.  s.,  2638.  ^Q  person  employed  under  the  authority  of  the  United 

States,  in  the  collection  of  duties  on  imports  or  tonnage, 
shall  own,  either  in  whole  or  in  part  any  vessel,  or  act  as 
agent,  attorney,  or  consignee  for  the  owner  or  owners  of 
any  vessel,  or  of  any  cargo  or  lading  on  board  the  same ; 
nor  shall  au}^  such  person  import,  or  be  concerned  directly 
or  indirectly  in  the  importation  of  any  merchandise  for 
sale  into  the  United  States.  Every  person  who  violates 
this  section  sliall  be  liable  to  a  penalty  of  five  hundred 
dollars. 

R.  s.,  2C39.  Every  collector,  naval  officer,  and  surveyor  shall  keep 

accurate  accounts  of  all  fees  and  official  emoluments  re- 
ceived by  him,  and  of  all  expenditures,  specifying  ex- 
penditures for  rent,  fuel,  stationery,  and  clerk-hire,  and 
shall  annually,  within  ten  days  after  the  thirtieth  day  of 
June,  transmit  the  same,  verifi.ed  by  oath,  to  the  proper 
Auditor,  who  shall  annually  lay  an  abstract  of  the  same 
before  Congress.  Every  collector,  naval  officer,  or  sur- 
veyor who  omits  or  neglects  to  keep  such  account,  or  to 
transmit  the  same  so  verified,  shall  be  liable  to  a  penalty 
of  not  more  than  five  hundred  dollars. 

R.  s.,2640.  Collectors,  naval  officers,  and  surveyors  shall  attend  in 

person  at  the  ports  to  which  they  are  respectively  ap- 
pointed; and  shall  keep  fair  and  true  accounts  and  rec- 


July  31,  1894. 


PART    XL VI. ADMINISTRATIVE   AND    EXECUTIVE    OFFICES.       457 

ords  of  all  their  transactions,  as  officers  of  the  customs,  in 
such  manner  and  form  as  may  from  time  to  time  be  di-  T^^'A?'  ^^^^' 
rected  by  the  Secretary  of  the  Treasury ;  and  shall  at  all 
times  submit  their  books,  papers,  and  accounts  to  the  in- 
spection of  such  persons  as  may  be  appointed  for  that 
l^urpose;  and  shall  once  in  every  month,  or  oftener  if 
they  shall  be  required,  transmit  their  accounts  for  settle- 
ment to  the  officer  or  officers  whose  duty  it  shall  be  to 
make  such  settlement.  And  if  any  collector,  naval  officer, 
or  surveyor  shall  omit  to  keep  fair  and  true  accounts,  or 
shall  refuse  to  submit  forthwith  his  books,  papers,  and 
accounts  to  inspection  as  required  by  law,  or  if  any  col- 
lector shall  omit  or  refuse  to  render  his  accounts  for  set- 
tlement, for  a  term  exceeding  three  months  after  the  same 
shall  have  been  required  by  the  proper  officer,  the  delin- 
quent officer  shall  be  liable  to  a  penalty  of  one  thousand 
dollars,  to  be  recovered  with  costs  of  suit. 

Every  collector,  naval  officer,  and  surveyor  shall  ac-  R-  s.,  2641. 
count  to  the  Treasury  for  all  his  emoluments,  and  also  for  g^^A^'  ^^^^' 
all  the  expenses  incident  to  his  office.  Such  accounts,  as 
well  of  expenses  as  of  emoluments,  shall  be  rendered  on 
oath,  at  such  times  and  in  such  forms,  and  shall  be  sup- 
ported by  such  proofs,  as  shall  be  prescribed  by  the 
Secretary  of  the  Treasury. 

The  services  performed  by  occasional  inspectors  shall  be   R-  s.,  2642. 
particularly. detailed  in  the  accounts  to  be  transmitted  to 
the  Treasury,  and  certified  by  the  naval  officer  or  surveyor 
of  the  district,  if  there  be  aiiy,  as  to  the  necessity  for  and 
performance  of  such  services. 

Every  collector,  naval  officer,  and  surveyor  shall,  to-  R-S.,  2643. 
gether  with  his  accounts  of  the  expenses  incident  to  his 
office,  render  a  list  of  the  clerks  employed  by  him,  stating 
the  rate  of  compensation  allowed  to  each,  and  the  duties 
which  they  severally  perform ;  and  also  an  account  of  the 
sums  paid  for  stationery,  official  or  contingent  expenses, 
fuel,  and  office-rent,  stating  the  purposes  for  which  the 
premises  rented  are  applied. 

The  collector  of  customs  of  each  of  the  districts  on  the  R-  s.,  2644. 
northern,  northeastern,  and  nortliAvestern  frontiers  shall 
render,  with  his  accounts  of  the  expenses  incident  to  his 
office,  a  list  of  the  clerks  and  other  officers  of  the  customs 
employed  by  him,  stating  the  rate  of  compensation  al- 
lowed to  each,  the  duties  they  severally  perform,  and 
also  an  account  of  the  sums  paid  for  stationery,  fuel,  and 
all  other  office  expenses,  including  office-rent;  for  all  of 
which  expenses  he  shall  submit  an  estimate  each  month 
in  advance,  and  shall  state  the  purposes  for  which  any 
premises  are  used;  and  shall  also  render  an  accurate 
account  of  all  fees  and  commissions  collected  by  him. 

All  accounts  for  salary,  compensation,  and  emoluments  ^-  ^•'  2^^^- 
shall  be  rendered  quarterly,  at  the  end  of  each  quarter  of 
the  fiscal  year. 


458  NAVIGATION   LAWS   OF    THE   UNITED    STATES. 

R.  s.,  2646.  j^w  blank-books,  blanks,  and  stationery  of  every  kind 

required  by  collectors  and  other  officers  of  the  customs 
shall,  so  soon  as  they  can  be  prepared  for  delivery,  by  or 
under  the  direction  of  the  Secretary  of  the  Treasury  [or 

Feb.  14, 1903.  the  Secretary  of  Commerce  and  Labor],  be  furnished  to 

Sec.  10.  them  for  the  use  of  their  respective  offices,  upon  requisi- 

tion made  by  them,  and  the  expense  of  such  books,  blanks, 
and  stationery  shall  be  paid  out  of  the  appropriation  for 
defraying  the  expenses  of  collecting  the  revenue  from 
customs. 

R.  s.,  2647.  Every  collector  of  customs,  every  naval  officer,  and 

every  surveyor  performing  or  having  performed  the 
duties  of  a  collector,  shall  render  a  quarter-yearly  account, 

Feb.  14, 1903.  ^^^dcr  oath,  to  the  Secretary  of  the  Treasury,  in  such  form 

^^^'  ^^'  as  the  Secretary  shall  prescribe,  of  all  sums  of  money  by 

each  of  them  respectively  received  or  collected  for  fines, 
penalties,  or  forfeitures,  or  for  seizure  of  merchandise,  or 
upon  compromises  made  upon  any  seizure ;  or  on  account 
of  suits  instituted  for  frauds  against  the  revenue  laws;  or 
for  rent  and  storage  of  merchandise,  which  may  be  stored 
in  the  public  store-houses,  and  for  which  a  rent  is  paid 
beyond  the  rents  paid  by  the  collector  or  other  such 
officer;  or  for  custody  of  goods  in  bonded  warehouses; 
and  if  from  such  accounting  it  shall  appear  that  the 
money  received  in  any  one  year  by  any  collector,  naval 
officer,  or  surveyor,  on  account  and  for  rents  and  storage, 
and  for  fees  and  emoluments,  shall  in  the  aggregate 
exceed  the  sum  of  two  thousand  dollars,  such  excess  shall 
be  paid  by  the  collector,  naval  officer,  or  surveyor,  as  the 
case  may  be,  into  the  Treasury  as  public  money. 

R.  s.,2648.  Collectors  and  surveyors  of  the  collection-districts  on 

the  northern,  northeastern,  and  northwestern  frontiers  are 
authorized  to  keep  on  sale,  at  their  several  offices,  blank 
manifests  and  clearances  required  for  the  business  of  their 
districts,  and  to  charge  the  sum  of  ten  cents,  and  no  more, 
for  each  blank  which  shall  be  prepared  and  executed  by 
them. 

Feb.  6, 1907.  rpj^g  Secretary  of  the  Treasury  be,  and  he  is  hereby,  au- 
thorized to  appoint  a  deputy  collector  of  customs  and 
other  customs  officers  at  ports  and  subports  of  entry  in 
the  several  customs  collection  districts,  and  deputy  col- 
lectors thus  appointed  shall  have  authority  to  receive  en- 
tries, collect  duties,  and  to  perform  any  and  all  functions 
prescribed  by  law  for  collectors  of  customs,  subject  to 
such  regulations  and  restrictions  as  the  Secretary  of  the 
Treasury  shall  prescribe:  Provided^  That  whenever  the 
Secretary  of  the  Treasury  shall  appoint  a  deputy  collector 
at  a  port  of  entry  where  there  is  no  collector,  he  shall 
designate  the  collector  through  whom  such  deputy  shall 
report,  but  the  bond  of  such  deputy  shall  run  to  the  Gov- 
ernment, and  the  deputy  shall  be  financially  responsible 
directly  to  the  Government. 


PART    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       459 

458.    Steamboat-Inspection  Service. 

There  shall  be  a  supervising  inspector-general,  who  R.  s.,  4402. 
shall  be  appointed  from  time  to  time  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  and  who 
shall  be  selected  with  reference  to  his  fitness  and  ability 
to  systematize  and  carry  into  effect  all  the  provisions  of 
law  relating  to  the  steamboat-inspection  service,  and  who 
shall  be  entitled  to  a  salary  of  three  thousand  five  hun- 
dred dollars  a  year,  and  his  reasonable  traveling  expenses, 
or  mileage  at  the  rate  of  ten  cents  a  mile,  incurred  in  the 
performance  of  his  duty. 

The  supervising  inspector-general  shall,  under  the  di-  pg^"//^f9^3 
rection  of  the  Secretary  of  Commerce  and  Labor,  super-  gees.  4,10. 
intend  the  administration  of  the  steamboat-inspection 
laws,  preside  at  the  meetings  of  the  board  of  supervising 
inspectors,  receive  all  reports  of  inspectors,  receive  and 
examine  all  accounts  of  inspectors,  report  fully  at  stated 
periods  to  the  Secretary  of  Commerce  and  Labor  upon  all 
matters  pertaining  to  his  official  duties,  and  produce  a 
correct  and  uniform  administration  of  the  inspection 
laws,  rules,  and  regulations. 

There  shall  be  ten  supervising  inspectors,  who  shall  be  ^-  S' ^^^^• 
appointed  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate.     Each  of  them  shall  be  selected  for 
his  knowledge,  skill,  and  practical  experience  in  the  uses 
of  steam  for  navigation,  and  shall  be  a  competent  judge 
of  the  character  and  qualities  of  steam-vessels,  and  of  all 
parts  of  the  machinery  employed   in  steaming.     Each 
supervising  inspector  shall  be  entitled  to  a  salary  of  three 
thousand  dollars  a  year  and  his  actual  and  reasonable 
traveling  expenses  at  the  rate  of  ten  cents  a  mile,  in- 
curred in  the  performance  of  his  duty,  together  with  his 
actual  and  reasonable  expenses  for  transportation  of  in-   Feb^  ^^\f^^' 
struments,  which  shall  be  certified  and  sworn  to  under     ^^  •   '     • 
such  instructions  as  may  be  given  by  the  Secretary  of 
Commerce  and  Labor. 

The  supervising  inspectors  and  the  Supervising  In-  ^^"^^g^  1905^ 
spector-General  shall  assemble  as  a  board  once  m  each  ^eb.' 8,' 1907. 
year  at  the  city  of  Washington,  District  of  Columbia,  on 
the  third  AVednesday  in  January,  and  at  such  other  times 
as  the  Secretary  of  Commerce  and  Labor  shall  prescribe, 
for  joint  consultation,  and  shall  assign  to  each  of  the 
supervising  inspectors  the  limits  of  territory  within  which 
he  shall  perform  his  duties.  The  board  shall  establish  all 
necessary  regulations  required  to  carry  out  in  the  most 
effective  manner  the  provisions  of  this  title  [R.  S.,  4399- 
4500]  and  also  regulations,  prohibiting  useless  and  unnec- 
essary whistling,  and  such  regulations,  when  approved  by 
the  Secretary  of  Commerce  and  Labor,  shall  have  the 
force  of  law.  The  supervising  inspector  for  the  district 
embracing  the  Pacific  coast  shall  not  be  under  obligation 
to  attend  the  meetings  of  the  board  of tener  than  once  m 


460  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

two  years;  but  ^Yhen  he  does  not  attend  such  meeting  he 
shall  make  his  communications  thereto,  in  the  wa}^  of  a 
report,  Jn  such  manner  as  the  board  shall  prescribe:  Pro- 
vided^ That  the  Secretary  of  Commerce  and  Labor  may 
at  any  time  call  in  session,  after  reasonable  public  notice, 
a  meeting  of  an  executive  committee,  to  be  composed  of 
the  Supervising  Inspector-General  and  any  two  supervis- 
ing inspectors,  v  hich  committee,  with  the  approval  of  the 
said  Secretary,  shall  have  power  to  alter,  amend,  add  to, 
or  repeal  any  of  the  rules  and  regulations  made,  with 
the  approval  of  the  Secretary  of  Commerce  and  Labor, 
by  the  board  of  supervising  inspectors,  either  by  virtue 
of  this  section  or  under  any  poAver  granted  by  this  title, 
or  any  amendments  thereof,  such  alteration,  amendment, 
addition,  or  repeal,  Avhen  approved  by  the  said  Secretary, 
to  have  the  force  of  law  and  to  continue  in  effect  until 
thirty  days  after  the  adjournment  of  the  next  meeting 
of  the  board  of  supervising  inspectors.  The  foregoing 
powers  of  such  executive  committee,  acting  with  the  said 
Secretary,  shall  also  extend  to  the  approval  of  the  instru- 
ments, machines,  and  equipments  referred  to  in  section 
forty-four  hundred  and  ninety-one  of  this  title. 

R.  s.,  4408.  The  supervising  inspectors  shall  see  that  the  several 

boards  of  local  inspectors  within  their  respective  districts 
execute  their  duties  faithfully,  promptly,  and,  as  far  as 
possible,  uniformly  in  all  places,  by  following  out  the 
jDrovisions  of  this  Title  [R.  S.,  4309-4500]  according  to 
the  true  intent  and  meaning  thereof;  and  they  shall,  as 
far  as  practicable,  harmonize  differences  of  opinion  exist- 
ing in  different  local  boards. 

R.  s.,  4409.  xi-^g  supervising  inspector  shall  visit  any  collection-dis- 

trict in  which  there  is  at  any  time  no  board  of  insj^ectors, 
and  within  which  steam-vessels  are  owned  or  employed. 
Each  supervising  inspector  shall  have  full  power  in  any 
such  district,  or  in  any  district  where,  from  distance  or 
other  cause,  it  is  inconvenient  to  resort  to  the  local  board, 
to  inspect  an}"  steam- vessel  and  the  boilers  of  such  steamer, 
and  to  grant  certificates  of  approval,  and  to  do  and  per- 
form all  the  duties  imposed  upon  local  boards. 

Each  supervising  inspector  shall  report,  in  writing,  at 
the  annual  meetings  of  the  board,  the  general  busmess 
transacted  in  his  district  during  the  year,  embracing  all 
violations  of  the  laws  regulating  steam-vessels,  and  the 
action  taken  in  relation  to  the  same,  all  investigations  and 
decisions  by  local  inspectors,  and  all  cases  of  appeal,  and 
the  result  thereof;  and  the  board  shall  examine  into  all 
the  acts  of  each  supervising  inspector  and  local  board, 
and  all  complaints  made  against  the  same,  in  relation  to 
the  performance  of  their  duties  under  the  law,  and  the 
judgment  of  the  board  in  each  case  shall  be  entered  upon 
their  journal;  and  the  board  shall,  as  far  as  possible, 
correct  mistakes  where  they  exist. 


R.  S.,  4410. 


PART    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       461 

The  board  of  supervising  inspectors  shall  establish  such  ^-  ^^ ^^^i- 
regulations  as  may  be  necessary  to  make  knoAvn  in  a 
proper  manner,  to  local  inspectors,  the  names  of  all  per- 
sons licensed  under  the  provisions  of  this  Title  [Iv.  S., 
4391)-4500],  the  names  of  all  persons  from  whom  licenses 
have  been  withheld,  and  the  names  of  all  whose  licenses 
have  been  suspended  or  revoked;  also  the  names  of  all 
steam-vessels  neglecting  or  refusing  to  make  such  repairs 
as  may  be  ordered  pursuant  to  law,  and  the  names  of  all 
that  have  been  refused  certificates  of  inspection. 

There  shall  be  in  each  of  the  following  collection  dis-  R-  s.,  4414. 
tricts  namely,  the  districts  of  Philadelphia,  Pennsyl-  Ap^-g^looe: 
vania ;  San  Francisco,  California ;  New  London,  Con-  May  28, 1908. 
necticut;  Baltimore,  Maryland;  Detroit,  Michigan;  see. 9. 
Chicago,  Illinois ;  Bangor,  Maine ;  New  Haven,  Connecti- 
cut; Michigan,  Michigan;  Milwaukee,  Wisconsin;  Wil- 
lamette, Oregon;  Puget  Sound,  Washington;  Savannah, 
Georgia;  Pittsburg,  Pennsylvania;  Oswego,  NeAV  York; 
Charleston,  South  Carolina;  Duluth,  Minnesota;  Su- 
perior, Michigan;  Apalachicola,  Florida;  Galveston, 
Texas;  Mobile,  Alabama;  Providence,  Rhode  Island^  and 
in  each  of  the  following  ports:  New  York,  New  York; 
Jacksonville,  Florida;  Portland,  Maine;  Boston,  Massa- 
chusetts; Buffalo,  New  York;  Cleveland,  Ohio;  Toledo, 
Ohio;  Norfolk,  Virginia;  Evansville,  Indiana;  Du- 
buque, Iowa ;  Louisville,  Kentucky ;  Albany,  New  York ; 
Cincinnati,  Ohio;  Memphis,  Tennessee;  Nashville,  Ten- 
nessee; Saint  Louis,  Missouri;  Port  Huron,  Michigan; 
New  Orleans,  Louisiana ;  Juneau,  Alaska ;  Saint  Michael, 
Alaska ;  Point  Pleasant,  West  Virginia ;  Burlington,  Ver- 
mont; Honolulu,  Hawaii;  and  San  Juan,  Porto  Rico,  one 
inspector  of  hulls  and  one  inspector  of  boilers     *     *     * 

And  in  addition  the  Secretary  of  Commerce  and  Labor 
may  appoint,  in  districts  or  ports  where  there  are  two 
hundred  and  twenty-five  steamers  and  upward  to  be 
inspected  annually,  assistant  inspectors,  at  a  salary,  for 
the  port  of  New  York,  of  two  thousand  dollars  a  year 
each;  for  the  port  of  New  Orleans,  Louisiana;  the  dis- 
tricts of  Philadelphia,  Pennsylvania;  Baltimore,  Mary- 
land; the  ports  of  Boston,  Massachusetts;  Chicago,  Illi- 
nois, and  the  district  of  San  Francisco,  California,  at  one 
thousand  eight  hundred  dollars  per  year  each,  and  for 
all  other  districts  and  ports  at  a  salary  not  exceeding 
one  thousand  six  hundred  dollars  a  year  each ;  and  he  may 
appoint  a  clerk  to  any  such  board  at  a  compensation  not 
exceeding  one  thousand  six  hundred  dollars  a  year  to  each 
person  so  appointed.  Every  inspector  provided  for  in 
this  or  the  preceding  sections  of  this  title  shall  be  paid 
his  actual  and  reasonable  traveling  expenses  or  m.ileage,  at 
the  rate  of  five  cents  a  mile,  incurred  in  the  performance 
of  his  duties,  together  with  his  actual  and  reasonable 
expenses  for  transportation  of  instalments,  which  shall 


462  NAVIGATION   LAWS   OF    THE   UNITED   STATES. 

be  certified  and  sworn  to  under  such  instructions  as  shall 
be  given  by  the  Secretary  of  Commerce  and  Labor. 

Assistant  inspectors,  appointed  as  provided  by  law, 
shall  perform  such  duties  of  actual  inspection  as  may  be 
assigned  to  them  under  the  direction,  supervision,  and 
control  of  the  local  inspectors. 

And  the  Secretary  of  Commerce  and  Labor  may  from 
time  to  time  detail  said  assistant  inspectors  of  one  port  or 
district  for  service  in  any  other  port  or  district,  as  the 
needs  of  the  Steamboat-Inspection  Service  may,  in  his 
discretion,  require,  and  the  actual  and  reasonable  travel- 
ing expenses  or  mileage  of  assistant  inspectors  so  detailed 
shall,  subject  to  such  limitations  as  the  said  Secretary 
may  in  his  discretion  prescribe,  be  paid  in  the  same  man- 
ner as  provided  in  this  section  for  inspectors. 
R.  s.,  4415.  The  inspector  of  hulls  shall  be  a  person  of  good  charac- 

Mar.  3, 1905.  ^^^^  ^^^  suitable  qualifications  and  attainments  to  perfonn 
the  services  required  of  an  inspector  of  hulls,  who  from 
his  practical  knowledge  of  shipbuilding  and  navigation 
and  the  uses  of  steam  in  navigation  is  fully  competent  to 
make  a  reliable  estimate  of  the  strength,  seaworthiness, 
and  other  qualities  of  the  hulls  of  vessels  and  their  equip- 
ment deemed  essential  to  safety  of  life  in  their  naviga- 
tion; and  the  inspector  of  boilers  shall  be  a  person  of 
good  character  and  suitable  qualifications  and  attainments 
to  perform  the  services  required  of  an  inspector  of  boilers, 
who  from  his  knowledge  and  experience  of  the  duties  of 
an  engineer  emj^loyed  in  navigating  vessels  by  steam,  and 
also  of  the  construction  and  use  of  boilers,  and  machinery 
and  appurtenances  therewith  connected,  is  able  to  form  a 
reliable  opinion  of  the  strength,  form,  workmanship,  and 
suitableness  of  boilers  and  machinery  to  be  employed, 
without  hazard  to  life  from  imperfection  in  the  material, 
workmanship,  or  arrangement  of  any  part  of  such  appa- 
ratus for  steaming.  The  inspector  of  hulls  and  the  in- 
spector of  boilers  designated  by  the  Secretary  of  Com- 
merce and  Labor  shall,  from  the  date  of  designation,  con- 
stitute a  board  of  local  inspectors. 
R.  s.,  4416.  ]s^Q  person  interested,  either  directly  or  indirectly,  in 
Liny  patented  article  required  to  be  used  on  any  steamer 
by^his  title,  [R.  S.,  4399^500]  or  who  is  a  member  of  any 
association  of  owners,  masters,  engineers,  or  pilots  of 
steamboats,  or  who  is,  directly  or  indirectly,  pecuniarily 
interested  in  any  steam  vessel,  or  who  has  not  the  quali- 
fications and  acquirements  prescribed  by  this  title,  or  who 
is  intemperate  in  his  habits,  shall  be  eligible  to  hold  the 
office  of  either  supervising,  local,  or  assistant  inspector, 
or  to  discharge  the  duties  thereof;  and  if  any  such  per- 
son shall  attempt  to  exercise  the  functions  of  the  office 
of  either  inspector  he  shall  be  deemed  guilty  of  a  misde- 
meanor, punishable  by  a  fine  of  five  hundred  dollars,  and 
shall  be  dismissed  from  office. 


Mar.  3,  1905 
See.  2 


PART    XLVI. ADMINISTRATIVE   AND    EXECUTIVE    OFFICES.      463 

The  Secretary  of  Commerce  and  Labor  shall  procure  S' ^'.t^^l^Qo 
for  the  several  surpervising  inspectors  and  local  boards  of  g^^^  ^\q     ' 
inspectors    such    instruments,    stationery,    printing,    and 
other  things  necessary   for  the  use  of  their  respective 
offices  as  may  be  required  therefor. 

The  salaries  of  the  supervising  inspector-general,  of  all  R-  s.,  4461. 
supervising  inspectors,  local  inspectors,  assistant  inspect- 
ors, and  clerks,  provided  for  by  this  Title  [R.  S.,  4399- 
4500],  together  with  their  traveling  and  other  expenses 
when  on  official  duty,  and  all  instruments,  books,  blanks, 
stationery,  furniture,  and  other  things  necessary  to  carry  June  19, 1886. 
into  effect  the  provisions  of  this  title,  shall  be  paid  for,  ^eu  ^^'_^^^^- 
under  the  direction  of  the  Secretary  of  Commerce  and     ^^^'  ' 
Labor. 

The  Secretary  of  Commerce  and  Labor  shall  make  such  J*  f '.^.'^^.'nno 

,     , .  -^  1  ,  ,1  Feb.  14,  1903. 

regulations  as  mav  be  necessary  to  secure  the  proper  exe-   g^^^  4  ^^ 
cution  of  this  Title  [R.  S.,  4399^500]. 

The  inspectors  of  one  district  shall  not  modify  or  annul  ^-  ^^  ^^^^• 
the  doings  of  the  inspectors  of  another  district  in  regard 
to  repairs,  unless  there  is  a  change  in  the  state  of  things, 
demanding  more  repairs  than  were  thought  necessary 
when  the  order  was  made.  Nor  shall  the  inspectors  of 
one  district  license  a  person  coming  from  another  district, 
if  such  person  has  been  rejected  for  unfitness  or  want  of 
qualifications. 

The  local  board  of  inspectors,  when  so  requested  in  K-s.,445b. 
writing  by  any  master  or  owner,  shall,  under  the  direc- 
tion of  the  supervising  inspector,  inspect  steamers  in 
other  collection  districts  where  no  such  board  is  estab- 
lished; and  if  a  certificate  of  approval  is  not  granted,  no 
other  inspection  shall  be  made  by  the  same  or  any  other 
board  imtil  the  objections  made  by  such  local  board  and 
unreversed  by  the  supervising  inspector  of  the  district, 
are  removed.  Nothing  in  this  section  shall  impair  the 
right  of  the  inspectors  to  permit  such  vessel  to  go  to 
another  port  for  repairs,  if  in  their  opinion  it  can  be 
done  with  safety. 

The  local  inspectors  shall  keep  a  record  of  certificates  ^-  ^■'  ^^s^- 
of  inspection  of  vessels,  their  boilers,  engines,  and  ma- 
chinery, and  of  all  their  acts  in  their  examination  and 
inspection  of  steamers,  whether  of  approval  or  disap- 
proval; and  when  a  certificate  of  approval  is  recorded,  the 
original  shall  be  delivered  to  the  collector  or  other  chief 
officer  of  the  customs  of  the  district.  They  shall  also  keep 
a  like  record  of  certificates  authorizing  gimpowder  to  be 
carried  as  freight  by  any  steamer  carrying  passengers, 
and  of  all  licenses  granted  to  masters,  mates,  pilots,  and 
engineers,  and  of  all  refusals  of  the  same,  of  all  suspen- 
sions and  revocations  of  license,  of  all  refusals,  suspen- 
sions, or  revocations  of  which  they  shall  receive  notices 
from  other  districts;  and  shall  report  to  the  supervising 
inspector  of  their  respective  districts,  in  writing,  their 


464  NAVIGATION   LAWS   OF    THE   UNITED   STATES. 

decisions  in  cases  of  refusal  of  licenses,  or  of  the  suspen-. 
sion  or  revocation  thereof,  and  all  testimony  received  by 
them  in  such  proceedings.  They  shall  also  report 
promptly  to  such  supervising  inspector  all  violations  of 
the  steamboat-laws  that  come  to  their  knowledge.  They 
shall  also  keep  an  accurate  account  of  every  steamer 
boarded  by  them  during  the  year;  and  of  all  their  official 
acts  and  doings,  Avhich,  in  the  form  of  a  report,  they  shall 
communicate  to  the  supervising  inspector  of  the  district, 
at  such  times  as  the  board  of  supervising  inspectors,  by 
their  established  rules,  shall  direct. 

R.  s.,  4425.  Every  inspector  who  willfully  certifies  falsely  touching 
any  steam-vessel,  as  to  her  hull,  accommodations,  boilers, 
engines,  machinery,  or  their  appurtenances,  or  an}'  of  her 
equipments,  or  any  matter  or  thing  contained  in  any  cer- 
tificate signed  and  sworn  to  by  him,  shall  be  punished  by 
fine  of  not  more  than  five  hundred  dollars,  or  imprison- 
ment for  not  more  than  six  months,  or  both. 

Mar.  4, 1909.       Everv  inspector  of  steamboats  who,  upon  any  pretense, 

Sec.  107.  .        •  ^j,  1   J!        1   •  •  •    j^     1      i.   • 

Repeals  R.  s.,  I'^ceives  any  tee  or  reward  tor  his  services,  except  what  is 
5482.  '  allowed  to  him  by  law,  shall  forfeit  his  office,  and  be  fined 

not  more  than  five  hundred  dollars,  or  imprisoned  not 
more  than  six  months,  or  both. 

459.   Public  Health  and  Marine-Hospital  Service. 
R.  s.,^4802._        xhe  President,  by  and  with  the  advice  and  consent  of 
jlin  I'  issd.    ^^^^  Senate,  shall,  fi-om  time  to  time,  appoint  a  surgeon  to 
July  1, 1902.    act  as  surgeon-general  of  the  public  health  and  marine- 
hospital  service,  who  shall,  under  the  direction  of  the  Sec- 
retary of  the  Treasury,  supervise  all  matters  connected 
with  the  public  health  and  marine-hospital  service,  and 
with  the  disbursement  of  the  fund  for  the  relief  of  sick 
and  disabled  seamen.     He  shall  be  entitled  to  a  salary, 
paid  out  of  the  marine-hospital  fund,  of  five  thousand 
dollars  a  year,  and  to  his  necessary  traveling  expenses. 
And  he  shall  make  monthly  reports  to  the  Secretary  of 
the  Treasury. 

Medical  officers  of  the  public  health  and  marine-hospi- 
tal service  of  the  United  States  shall  be  appointed  by  the 
President  by  and  with  the  advice  and  consent  of  the  Sen- 
ate; and  no  person  shall  be  so  appointed  until  after  pass- 
ing a  satisfactory  examination  in  the  several  branches  of 
medicine,  surgery  and  hygiene  before  a  board  of  medical 
officers  of  the  said  service.  Said  examination  shall  be 
conducted  according  to  rules  prepared  by  the  surgeon- 
general  and  approved  by  the  Secretary  of  the  Treasury 
and  the  President.  Original  appointments  in  the  service 
shall  only  be  made  to  the  rank  of  assistant  surgeon ;  and 
no  officer  shall  be  promoted  to  the  rank  of  passed  assistant 
surgeon  until  after  four  years'  service  and  a  second  exam- 
ination as  aforesaid:  and'^no  passed  assistant  surgeon  shall 
be  promoted  to  be  surgeon  until  after  due  examiiiation. 


PART    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       465 

The  Surgeon-General  is  authorized  to  cause  the  detail  of 
two  surgeons  and  tAvo  passed  assistant  surgeons  for  duty 
in  the  bureau,  who  shall  each  receive  the  pay  and  allow- 
ances of  their  respective  grades  in  the  general  service. 

The  President  is  authorized,  in  his  discretion,  to  utilize  J"iy  1. 1902. 
the  Public  Health  and  Marine-Hospital  Service  in  times  s^'^'-  ^• 
of  threatened  or  actual  war  to  such  extent  and  in  such 
manner  as  shall  in  his  judgment  promote  the  public  inter- 
est Avithout,  hovfever.  in  any  wise  impairing  the  efficiency 
of  the  service  for  the  purposes  for  which  the  same  was 
created  and  is  maintained. 

The  President  shall  from  time  to  time  prescribe  rules  July  1. 1002. 
for  the  conduct  of  the  Public  Health  and  Marine-Hos-  ^^^•^• 
pital  Service.  He  shall  also  prescribe  regulations  respect- 
ing its  internal  administration  and  discipline,  and  the 
uniforms  of  its  officers  and  employees.  It  shall  be  the 
duty  of  the  Surgeon-General  to  transmit  annually  to  the 
Secretary  of  the  Treasury,  for  transmission  by  said  Sec- 
retary to  Congress,  a  full  and  complete  report  of  the 
transactions  of  said  service,  including  a  detailed  state- 
ment of  receipts  and  disbursements. 

The  medical  officers  of  the  United  States,  duly  clothed  Feb.  15,  i893. 
with  authority  to  act  as  quarantine  officers  at  any  port  or   ^j!J;.  ^3  ^9^;^ 
place  within  the  United  States,  and  when  performing  the   '  '  '  ' 
said  duties,  are  hereby  authorized  to  take  declarations  and 
administer  oaths  in  matters  pertaining  to  the  administra- 
tion of  the  quarantine  laws  and  regulations  of  the  United 
States. 

The  Secretary  of  the  Treasury  is  authorized  to  lease,  or  ^-  S-  480G. 
to  sell  at  public  auction,  to  the  highest  and  best  bidder, 
for  cash,  after  due  notice  in  the  public  newspapers,  such 
marine-hospital  buildings  and  lands  appertaining  thereto 
as  he  may  deem  it  advisable  to  sell,  and  to  make,  execute, 
and  deliver  all  needful  conveyances  to  the  lessees  or  pur- 
chasers thereof  respectively;  and  the  proceeds  of  such 
leases  and  sales  are  hereby  appropriated  for  the  marine- 
hospital  establishment.  But  the  hospitals  at  Cleveland  in 
Ohio,  and  Portland  in  Maine,  shall  not  be  sold  or  leased. 
And  this  section  shall  not  be  construed  to  authorize  the 
Secretary  of  the  Treasury  to  lease  or  sell  any  such 
hospital  where  tlie  relief  furnished  to  sick  mariners  shall 
show  an  extent  of  relief  equal  to  twenty  cases  a  day  on  an 
average  for  the  last  preceding  four  years,  or  where  no 
other  suitable  and  sufficient  hospital  accommodations  can 
be  procured  upon  reasonable  terms  for  the  comfort  and 
convenience  of  the  patients. 

The  Secretary  of  the  Treasury  may  rent  or  lease  such   Mar.  3, 1875. 
marine-hospital   buildings,   and  the  'lands   appertaining   ^^''-  ^^ 
thereto,  as  he  may  deem  advisable  in  the  interests  of  the 
public  health  and  marine-hospital  service;  and  the  pro- 
ceeds of  such  rents  or  leases  are  hereby  appropriated  for 
the  said  service. 

96694°— 11 30 


466  NAVIGATION-   LAWS   OF   THE   UNITED   STATES. 

Feb.  15, 1893.  Jt  shall  be  the  duty  of  the  Surgeon-General  of  the  Pub- 
T^T  'i  1002  lie  Health  and  Marine  HospitarService,  under  the  direc- 
""^  '  '  tion  of  the  Secretary  of  the  Treasury,  to  perform  all  the 
duties  in  respect  to  quarantine  and  quarantine  regulations 
which  are  provided  for  by  this  act,  and  to  obtain  informa- 
tion of  the  sanitary  condition  of  foreign  ports  and  places 
from  which  contagious  and  infectious  diseases  are  or  may 
be  imported  into  die  United  States,  and  to  this  end  the 
consular  officer  of  the  United  States  at  such  ports  and 
places  as  shall  be  designated  by  the  Secretary  of  the 
Treasury  shall  make  to  the  Secretary  of  the  Treasury 
weekly  reports  of  the  sanitary  condition  of  the  ports  and 
places*^  at  which  they  are  respectively  stationed,  according 
to  such  forms  as  the  Secretary  of  the  Treasury  shall  pre- 
scribe; and  the  Secretary  of  the  Treasury  shall  also  ob- 
tain, through  all  sources  accessible,  including  State  and 
municipal  sanitary  authorities  throughout  the  United 
States,  weekly  reports  of  the  sanitary  condition  of  ports 
and  places  within  the  United  States,  and  shall  prepare, 
publish,  and  transmit  to  collectors  of  customs  and  to  State 
and  municipal  health  officers  and  other  sanitarians  weekly 
abstracts  of  the  consular  sanitary  reports  and  other  per- 
tinent information  received  b}^  him,  and  shall  also,  as  far 
as  he  may  be  able,  by  means  of  the  voluntary  cooperation 
of  State  and  municipal  authorities,  of  public  associations, 
and  private  persons,  procure  information  relating  to  the 
climatic  and  other  conditions  affecting  the  public  health, 
and  shall  make  an  annual  report  of  his  operations  to 
Congress,  with  such  recommendations  as  he  may  deem 
important  to  the  public  interests. 
Feb.  15, 1893.  Whenever  the  jDroper  authorities  of  a  State  shall  sur- 
sec.  8.  render  to  the  United  States  the  use  of  the  buildings  and 

disinfecting  apparatus  at  a  State  quarantine  station,  the 
Secretary  of  the  Treasury  shall  be  authorized  to  receive 
them  and  to  pay  a  reasonable  compensation  to  the  State 
for  their  use,  if  in  his  opinion  they  are  necessary  to  the 
United  States. 

460.  Immigration  and  Naturalization  Bureau. 
Mar.  3, 1891.  xiiG  office  of  conmiissioiier-geiieral  of  immigration  is 
hereby  created  and  established,  and  the  President,  by  and 
with  the  advice  and  consent  of  the  Senate,  is  authorized 
and  directed  to  appoint  such  officer,  whose  salary  shall  be 
four  thousand  dollars  per  annum,  payable  monthly.  The 
commissioner-general  of  immigration  shall  be  an  officer  in 
the  Department  of  Commerce  and  Labor,  under  the  con- 
Feb.  14, 1903.  trol  and  supervision  of  the  Secretary  of  Commerce  and 
Sees.  4, 7.  Labor,  to  whom  he  shall  make  annual  reports  in  writing 
of  the  transactions  of  his  office,  together  with  such  special 
reports,  in  writing,  as  the  Secretary  of  Commerce  and 
Labor  shall  require,  and  in  addition  to  his  other  duties, 
shall  have  charge  under  the  Secretary  of  Commerce  and 


Sec.  7 

Mar.  2,  1895 


PART   XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.      467 

Labor  of  the  administration  of  the  alien-contract  hibor 
laws. 

The  Secretary  shall  provide  the  commissioner-general 
with  a  suitably  furnished  office  in  the  city  of  Washington, 
and  with  such  books  of  record  and  facilities  for  the  dis- 
charge of  the  duties  of  his  office  as  may  be  necessary.  He 
shall  have  a  chief  clerk  at  a  salary  of  two  thousand  dol- 
lars per  annum  and  two  first  class  clerks. 

Hereafter  the  Commissioner-General  of  Immigration,  June6,  looo. 
in  addition  to  his  other  duties,  shall  have  charge  of  the 
administration  of  the  Chinese  exclusion  law  and  of  the 
various  Acts    regulating   immigration   into    the   United 
States,  its  Territories,  and  the  District  of  Columbia,  un-  Feb.  i4, 1903. 
der  the  supervision  and  direction  of  the  Secretary  of  Com-  ^^^^-  ^'  '^• 
merce  and  Labor. 

The  Commissioner-General  of  Lnmigration,  in  addi-  Mar.  3, 1903. 
tion  to  such  other  duties  as  may  by  law^  be  assigned  to  him.  ^^^-  ^^-  ^ 
shnll.  under  the  direction  of  the  Secretary  of  Commerce  sees.  4,'?.' 
and  Labor,  have  charge  of  the  administration  of  all  laws  Feb.  20, 1907. 
relating  to  the  immigration  of  aliens  into  the  United  See.  22. 
States,  and  shall  have  the  control,  direction,  and  super- 
vision of  all  officers,  clerks,  and  employees  appointed 
thereunder.  He  shall  establish  such  rules  and  regulations, 
prescribe  such  forms  of  bond,  reports,  entries,  and  other 
papers,  and  shall  issue  from  time  to  time  such  instruc- 
tions, not  inconsistent  with  law,  as  he  shall  deem  best  cal- 
culated for  carrying  out  the  provisions  of  this  Act  and 
for  protecting  the  United  States  and  aliens  migrating 
thereto  from  fraud  and  loss,  and  shall  have  authority  to 
enter  into  contract  for  the  support  and  relief  of  such 
aliens  as  may  fall  into  distress  or  need  public  aid;  all 
under  the  direction  or  with  the  approval  of  the  Secre- 
tary of  Commerce  and  Labor.  And  it  shall  be  the  duty  of 
the  Commissioner-General  of  Immigration  to  detail  offi- 
cers of  the  immigration  service  from  time  to  time  as  may 
be  necessar}^,  in  his  judgment,  to  secure  information  as  to 
the  number  of  aliens  detained  in  the  penal,  reformatory, 
and  charitable  institutions  (public  and  private)  of  the 
several  States  and  Territories,  the  District  of  Columbia, 
and  other  territory  of  the  United  States  and  to  inform 
the  officers  of  such  institutions  of  the  provisions  of  law 
in  relation  to  the  deportation  of  aliens  who  have  become 
public  charges :  Provided,  That  the  Commissioner-General 
of  Immigration  may,  with  the  approval  of  the  Secretary 
of  Commerce  and  Labor,  whenever  in  his  judgment  such 
action  may  be  necessary  to  accomplish  the  purposes  of  this 
Act,  detail  immigration  officers,  and  also  surgeons,  in 
accordance  with  the  provisions  of  section  seventeen,  for 
service  in  foreign  countries. 

The  commissioners  of  immigration  at  the  several  ports  Aug.  I8, 1894. 
shall  be  appointed  by  the  President,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  to  hold  their  offices  for  the 


Sec.  24. 


468  KAVIGATION  LAWS   OF   THE   UNITED   STATES. 

term  of  foiir  years,  unless  sooner  removed,  and  until  their 
successors  are  appointed. 
Feb.  20, 1907.       The  duties  of  the  commissioners  of  immigration  shall 
Sec.  23.  |3g  ^f  j^j^  administrative  character,  to  be  prescribed  in  de- 

tail by  regulations  prepared,  under  the  direction  or  with 
the  approval  of  the  Secretary  of  Commerce  and  Labor. 
Feb.  20, 1907.  Immigrant  inspectors  and  other  immigration  officers, 
clerks,  and  employees  shall  hereafter  be  appointed  and 
their  compensation  fixed  and  raised  or  decreased  from 
time  to  time  by  the  Secretary  of  Commerce  and  Labor, 
upon  the  recommendation  of  the  Commissioner-General 
of  Immigration  and  in  accordance  with  the  provisions  of 
the  civil-service  Act  of  January  sixteenth,  eighteen  hun- 
dred and  eighty-three:  Provided^  That  said  Secretary,  in 
the  enforcement  of  that  portion  of  this  Act  which  ex- 
cludes contract  laborers,  may  employ,  without  reference 
to  the  provisions  of  the  said  civil  service  Act,  or  to  the 
various  Acts  relative  to  the  compilation  of  the  official 
register,  such  persons  as  he  may  deem  advisable  and  from 
time  to  time  fix,  raise,  or  decrease  their  compensation: 
Provided  further^  That  nothing  herein  contained  shall 
be  construed  to  alter  the  mode  of  appointing  commis- 
sioners of  immigration  at  the  several  ports  of  the 
United  States  as  provided  by  the  sundry  civil  appropria- 
tion Act  approved  August  eighteenth,  eighteen  hundred 
and  ninety-four,  or  the  official  status  of  such  commis- 
sioners heretofore  appointed.  Immigration  officers  shall 
have  power  to  administer  oaths  and  to  take  and  consider 
evidence  touching  the  right  of  any  alien  to  enter  the 
United  States,  and,  where  such  action  may  be  necessary, 
to  make  a  written  record  of  such  evidence;  and  any  per- 
son to  whom  such  an  oath  has  been  administered  under 
the  provisions  of  this  Act  who  shall  knowingly  or  wil- 
fully give  false  evidence  or  swear  to  any  false  statement 
in  any  way  affecting  or  in  relation  to  the  right  of  any 
alien  to  admission  to  the  United  States  shall  be  deemed 
guilty  of  perjury  and  be  punished  as  provided  by  section 
fifty-three  hundred  and  ninety-two.  United  States  Revised 
Stahites.  The  decision  of  any  such  officer,  if  favorable  to 
the  admission  of  any  alien,  shall  be  subject  to  challenge 
by  any  other  immigration  officer,  aud  such  challenge  shall 
operate  to  take  the  alien  whose  right  to  land  is  so  chal- 
lenged before  a  board  of  special  inquiry  for  its  investiga- 
tion. Every  alien  who  may  not  appear  to  the  examining 
immiigrant  inspector  at  the  port  of  arrival  to  be  clearly 
and  beyond  a  doubt  entitled  to  land  shall  be  detained  for 
examination  in  relation  thereto  by  a  board  of  special 
inquiry. 
Feb.  20,  1907.  Sucli  boards  of  special  inquiry  shall  be  appointed  bj^ 
Sec.  25.  ii^Q  commissioner  of  immigration  at  the  various  ports  of 


PART   XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       469 

arrival  as  may  be  necessary  for  the  prompt  determination 
of  all  cases  of  immigrants  detained  at  such  ports  under 
the  provisions  of  law.  Each  board  shall  consist  of  three 
members,  who  shall  be  selected  from  such  of  the  immi- 
grant officials  in  the  service  as  the  Commissioner-General 
of  Immigration,  with  the  approval  of  the  Secretary  of 
Commerce  and  Labor,  shall  from  time  to  time  designate  as 
qualified  to  serve  on  such  boards :  Provided^  That  at  ports 
where  there  are  fewer  than  three  immigrant  inspectors, 
the  Secretary  of  Commerce  and  Labor,  upon  the  recom- 
mendation of  the  Commissioner-General  of  Immigration, 
may  designate  other  United  States  officials  for  service  on 
such  boards  of  special  inquiry.  Such  boards  shall  have 
authority  to  determine  whether  an  alien  who  has  been 
duly  held  shall  be  allowed  to  land  or  shall  be  deported. 
All  hearings  before  boards  shall  be  separate  and  apart 
from  the  public,  but  the  said  boards  shall  keep  a  complete 
permanent  record  of  their  proceedings  and  of  all  such 
testimony  as  may  be  produced  before  them;  and  the 
decision  of  any  two  members  of  a  board  shall  prevail,  but 
either  the  alien  or  any  dissenting  member  of  the  said 
board  may  appeal  through  the  commissioner  of  immigra- 
tion at  the  port  of  arrival  and  the  Commissioner-General 
of  Immigration  to  the  Secretary  of  Commerce  and  Labor, 
and  the  taking  of  such  appeal  shall  operate  to  stay  any 
action  in  regard  to  the  final  disposal  of  any  alien  whose 
case  is  so  appealed  until  the  receipt  by  the  commissioner 
of  immigration  at  the  port  of  arrival  of  such  decision 
which  shall  be  rendered  solely  upon  the  evidence  adduced 
before  the  board  of  special  inquiry:  Provided^  That  in 
every  case  Avhere  an  alien  is  excluded  from  admission  into 
the  United  States,  under  any  law  or  treaty  now  existing 
or  hereafter  made,  the  decision  of  the  appropriate  immi- 
gration officers,  if  adverse  to  the  admission  of  such  alien, 
shall  be  final,  unless  reversed  on  appeal  to  the  Secretary  of 
Comm.erce  and  Labor;  but  nothing  in  this  section  shall  be 
construed  to  admit  of  any  appeal  in  the  case  of  an  alien 
rejected  as  provided  for  in  section  ten  of  this  Act. 
461.    Life-Saving-  Service. 

The  President  of  the  United  States  may,  by  and  with  ^""^^1^'  ^^ts. 
the  consent  of  the  Senate,  appoint  a  suitable  person,  who 
shall  be  familiar  with  the  various  means  employed  in  the 
Life-Saving  Service  for  the  saving  of  life  and  property 
from  shipwrecked  vessels,  as  general  superintendent  of 
the  Life- Saving  Service,  who  shall,  under  the  immediate 
direction  of  the  Secretary  of  the  Treasur}^,  have  general 
charge  of  the  service  and  of  all  administrative  matters 
connected  therewith,  and  whose  compensation  shall  be  at 
the  rate  of  four  thousand  dollars  per  annum ;  and  the  Sec- 


Sec.  G. 


470  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

retary  of  the  Treasury  is  authorized  to  appoint  an  assist- 
ant to  the  general  superintendent,  whose  compensation 
shall  be  two  thousand  five  hundred  dollars  per  annum. 

Sc^-  '^'  It  shall  be  the  duty  of  the  general  superintendent  to 

supervise  the  organization  and  government  of  the  em- 
ployees of  the  service;  to  prepare  and  revise  regulations 
therefor  as  may  be  necessary;  to  fix  the  number  and  com- 
pensation of  surfmen  to  be  employed  at  the  several  sta- 
tions Avithin  the  provisions  of  law ;  to  supervise  the  ex- 
penditure of  all  appropriations  made  for  the  support  and 
maintenance  of  the  Life-Saving  Service;  to  examine  the 
accounts  of  disbursements  of  the  district  superintendents, 
and  to  certify  the  same  to  the  accounting-officer  of  the 
Treasury  Department;  to  examine  the  property  returns 
of  the  keepers  of  the  several  stations,  and  see  that  all 
public  property  thereto  belonging  is  properly  accounted 
for;  to  acquaint  himself,  as  far  as  practicable,  Avith  all 
means  employed  in  foreign  countries  Avhich  nuiy  seem  to 
advantageously  affect  the  interests  of  the  service,  and  to 
cause  to  l>e  properly  investigated  all  plans,  devices,  and 
inventions  for  the  improvement  of  life-saving  apparatus 
for  use  at  the  stations,  which  may  appear  to  be  meritori- 
ous and  available;  to  exercise  supervision  over  the  selec- 
tion of  sites  for  ncAv  stations  the  establishment  of  Avhich 
may  be  authorized  by  law,  or  for  old  ones  tlie  removal  of 
which  may  be  made  necessary  b}^  the  encroachment  of  the 
sea  or  by  other  causes ;  to  prepare  and  submit  to  the  Sec- 
retary of  the  Treasury  estimates  for  the  su])port  of  the 
service;  to  collect  and  compile  the  statistics  of  marine 
disasters  contemplated  by  the  act  of  June  tAventieth, 
eighteen  hundred  and  seA^enty-four ;  and  to  submit  to  the 
Secretary  of  the  Treasury,  for  transmission  to  Congress, 
an  annual  report  of  the  expenditures  of  the  moneys  ap- 
propriated for  the  maintenance  of  the  Life-Saving  Serv- 
ice, and  of  the  operations  of  said  service  during  the  year. 

^^^•^-  The  Secretary  of  the  Treasury  may  detail  such  officer 

or  officers  of  the  ReA^enue  Cutter  Service  as  may  be  neces- 
sary, to  act  as  inspector  and  assistant  inspectors  of 
stations,  who  shall  perform  such  duties  in  connection 
with  the  conduct  of  the  service  as  may  be  required  of 
them  by  the  general  superintendent. 

June  20, 1874.  ^]-jg  Secretary  of  the  Treasury  is  hereby  authorized, 
Avhenever,  in  his  opinion,  it  may  become  necessary  for  the 
proper  administration  of  the  life-saving  service,  and  the 
protection  of  the  public  property  at  the  stations  and 
houses  of  refuge  herein  authorized  to  be  established,  to 
appoint  one  superintendent  for  the  coasts  of  Delaware 
and  Virginia,  one  for  the  coast  of  Florida,  one  for  the 
coasts  of  Lakes  Erie  and  Ontario,  one  for  the  coasts  of 
Lakes  Huron  and  Superior,  and  one  for  the  coast  of  Lake 
Michigan,  and  also  a  keeper  for  each  of  said  stations  and 


PART    XL VI. — ADMINISTRATIVE   AND   EXECUTIVE   OFFICES.      471 

houses  of  refuge ;  and  the  said  superintendents  shall  have 
the  powers  and  perform  the  duties  of  inspectors  of 
customs. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to  ^^^-  ^• 
appoint  an  assistant  to  the  superintendent  of  the  coast  of 
Long  Island  and  Rhode  Island,  who  shall  perform  the 
duties  required  of  the  superintendent  at  the  life-saving 
stations  within  the  State  of  Rhode  Island,  and  reside  on 
Block  Island,  and  for  his  services  he  shall  receive  an 
annual  salary  of  five  hundred  dollars. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to  ^^^-  ^• 
employ  crews  of  experienced  surfmen  at  such  of  the  sta- 
tions herein  denominated  complete  stations  and  at  such 
of  the  life-boat  stations  on  the  Pacific  coast  as  he  may 
deem  necessary  and  proper,  for  such  periods,  and  at  such 
compensation,  not  to  exceed  forty  dollars  per  month,  as 
he  may  deem  necessary  and  reasonable. 

The  Secretary  of  tlie  Treasury  may  accept  the  services  See.  6. 
of  volunteer  crews  of  any  of  the  life-boat  stations  herein 
authorized,  who  shall  be  subject  to  the  rules  and  regula- 
tions governing  the  life-saving  service;  and  a  list  of  the 
names  of  each  crew  shall  be  kept  in  the  office  of  the  Sec- 
retary of  the  Treasury.  Such  volunteers  shall  receive  no 
compensation  except  a  sum  of  not  more  than  ten  dollars 
each  for  every  occasion  upon  which  they  shall  have  been 
instrumental  in  saving  human  life,  and  such  of  the  medals 
herein  authorized  as  they  may  be  entitled  to  under  the 
provisions  hereinafter  made:  Provided^  That  no  pay- 
ment shall  be  made  to  any  person  who  shall  not  have 
actually  participated  in  the  efforts  to  save  the  life  or  lives 
rescued. 

Section  six  of  said  act  of  June  twentieth,  eighteen  hun-  June  is,  ists. 
dred  and  seventy-four,  is  so  amended  as  to  extend  the  ^^"^^  ^^• 
compensation  of  "the  enrolled  members  of  volunteer  crews 
of  life-boat  stations  therein  named  to  occasions  of  actual 
and  deserving  service  at  any  shipwreck,  or  in  the  relief  of 
any  vessel  in  distress,  and  that  such  persons  as  may  volun- 
teer to  take  the  place  of  any  absent  or  disabled  enrolled 
members  of  a  crew,  and  who  shall  be  accepted  by  the 
keeper,  may  be  paid  therefor,  in  the  discretion  of  the 
Secretary  of  the  Treasury,  a  sum  not  to  exceed  eight  dol- 
lars each  on  every  such  occasion:  Provided,  That  all 
crews  and  volunteers  employed  under  authority  of  this 
act  who  may  be  present  at  a  wreck  shall  be  required  to 
use  their  utmost  endeavors  to  save  life  and  properly  care 
for  the  bodies  of  such  as  may  perish,  and,  when  such 
efforts  are  no  longer  necessary,  to  save  property  and  pro- 
tect the  same,  under  the  direction  of  the  senior  keeper 
present  or  of  the  superintendent  of  the  district,  until  the 
arrival  of  persons  legally  authorized  to  take  charge;  and 
for  the  time  employed  in  so  saving  and  protecting  prop- 


472  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

erty  volunteers  shall  be  entitled  to  compensation  not  to 
exceed  three  dollars  per  day  each,  in  the  discretion  of  the 
Secretary  of  the  Treasury, 

May  4, 1882.  j.^  ^^y.  j^ggp^j.  qj.  member  of  a  crew  of  a  life-saving  or 
life-boat  station  shall  be  so  disabled  by  reason  of  an}^ 
wound  or  injury  received  or  disease  contracted  in  the 
Life-Saving  Service  in  the  line  of  duty  as  to  unfit  him  for 
the  performance  of  duty,  such  disability  to  be  determined 
in  such  manner  as  shall  be  prescribed  in  the  regulations 
of  the  service,  he  shall  be  continued  upon  the  rolls  of  the 
service  and  entitled  to  receive  his  full  pay  during  the  con- 
tinuance of  such  disability,  not  to  exceed  the  period  of 
one  year,  unless  the  general  superintendent  shall  recom- 
mend, upon  a  statement  of  facts,  the  extension  of  the 
period  through  a  portion  or  the  whole  of  another  year, 
and  said  recommendation  receive  the  approval  of  the 
Secretary  of  the  Treasury  as  just  and  reasonable;  but  in 
no  case  shall  said  disabled  keeper  or  member  of  a  crew  be 
continued  upon  the  rolls  or  receive  pay  for  a  longer 
period  than  two  years. 

^^^-  8;      ^  If  any  keeper  or  member  of  a  crew  of  a  life-saving  sta- 

gg'^l'g"'^' ^^^'^  tion  shall  hereafter  die  by  reason  of  perilous  service  or 
any  vx-ound  or  injury  received  or  disease  contracted  in 
the  life-saving  service  in  the  line  of  duty,  leaving  a 
widow,  or  a  child  or  children  under  sixteen  years  of  age, 
or  a  dependent  mother,  such  widow  and  child  or  chil- 
dren and  dependent  mother  shall  be  entitled  to  receive, 
in  equal  portions,  during  a  period  of  two  years,  under 
such  regulations  as  the  Secretary  of  the  Treasury  may 
prescribe,  the  same  amount,  payable  quarterly  as  far  as 
practicable,  that  the  husband  or  father  or  son  would  be 
entitled  to  receive  as  pay  if  he  were  alive  and  continued 
in  the  service:  Provided^  That  if  the  widow  shall  remarry 
at  any  time  during  the  said  two  years  her  portion  of  said 
amount  shall  cease  to  be  paid  to  her  from  the  date  of  her 
remarriage,  but  shall  be  added  to  the  amount  to  be  paid 
to  the  remaining  beneficiaries  under  the  provisions  of 
this  section,  if  there  be  any:  and  if  any  child  shall  arrive 
at  the  age  of  sixteen  years  during  the  said  two  years,  the 
portion  of  such  child  shall  cease  to  be  paid  to  such  child 
from  the  date  on  which  such  age  shall  be  attained,  but 
shall  be  added  to  the  amount  to  be  paid  to  the  remaining 
beneficiaries,  if  there  be  any. 

SecV^'^^'^'  ^P^^  the  occurrence  of  aiTy  shipwreck  within  the 
scope  of  the  operations  of  the^Life-Saving  Service,  at- 
tended with  loss  of  life,  the  general  superintendent  shall 
cause  an  investigation  of  all  ^the  circumstances  connected 
with  said  disaster  and  loss  of  life  to  be  made,  with  a  view 
of  ascertaining  the  cause  of  the  disaster,  and  whether  any 
of  the  officers  or  employees  of  the  service  have  been  guilty 
of  neglect  or  misconduct  in  the  premises;  and  any  officer 
or  clerk  in  the  employment  of  the  .Treasury  Department 
who  may  be  detailed  to  conduct  such  investigation,  or  to 


PART   XLVI. — ADMINISTRATIVE   AND    EXECUTIVE    OFFICES.      473 

examine  into  any  alleged  incompetency  or  misconduct  of 
any  of  the  officers  or  employees  of  the  Life-Saving  Service 
shall  have  authority  to  administer  an  oath  to  any  wit- 
ness attending  to  testify  or  depose  in  the  course  of  such 
investigation. 

The  enrolled  members  of  the  crews  of  life-boat  stations  see.  ii. 
may  be  called  out  for  drill  and  exercise  in  the  life-boat 
and  life-saving  apparatus  as  often  as  the  general  superin- 
tendent may  determine,  not  to  exceed  twice  a  month,  for 
each  day's  attendance  at  which  they  shall  be  entitled  to 
the  sum  of  three  dollars  each. 

The  Secretary  of  the  Treasury  is  hereby  authorized  to  May  4, 1882. 
discontinue  any  life-saving  or  life-boat  station  or  house   sec.  2. 
of  refuge  whenever  in  his  judgment  the  interests  of  com- 
merce and  humanity  no  longer  require  its  existence. 

The  General  Superintendent  may  transfer  the  appara-  see  3. 
tus,  appliances,  equipments,  and  supplies  of  any  discon- 
tinued station  or  house  of  refuge  to  such  other  stations  or 
houses  of  refuge  as  may  need  them,  and  may  also  transfer 
any  portion  of  the  apparatus,  appliances,  equipments,  and 
supplies,  of  one  station  or  house  of  refuge  to  another 
whenever  in  his  judgment  the  interests  of  the  service  may 
require  it. 

Hereafter  all  district  superintendents  of  life-saving  sta-   see.  4. 
tions  shall  be  disbursing  officers  and  paymasters  for  their 
respective  districts,  and  shall  give  such  bonds  as  the  Sec- 
retary of  the  Treasury  may  require,  and  shall  have  the 
powers  and  perform  the  duties  of  inspectors  of  customs. 

The  appointment  of  district  superintendents,  inspectors,   sec.  lo. 
and  keepers  and  crews  of  life-saving  stations  shall  be 
made  solely  wath  reference  to  their  fitness,  and  VN^ithout 
reference  to  their  political  or  party  affiliations. 

Hereafter  the  compensation  of  the  keepers  of  life-sav-  Juneis,  ists. 
ing  and  life-boat  stations  and  houses  of  refuge  shall  be  at  ^^^-  ^• 
the  rate  of  four  hundred  dollars  per  annum;  and  they 
shall  have  the  poAvers  of  inspectors  of  customs,  but  shall 
receive  no  additional  comiDensation  for  duties  performed 
as  such :  Provided^  That  said  keepers  shall  have  authority 
and  be  required  to  take  charge  of  and  protect  all  property 
saved  from  shipwreck  at  which  they  may  be  present,  until 
it  is  claimed  by  parties  legally  authorized  to  receive  it,  or 
until  otherwise  instructed  to  dispose  of  it  by  the  Secre- 
tary of  the  Treasury;  and  keepers  of  life-saying  stations 
shall  be  required  to  reside  continually  at  or  in  the  imme- 
diate vicinity  of  their  respective  stations.  [Note:  Com- 
pensation changed  June  22,  1892 ;  but  powers  bestowed  in 
this  section  remain.] 

Hereafter  the  life-saving  stations  upon  the  Atlantic   ^ec.  5. 
and  gulf  coasts  at  which  crews  are  employed  shall  be 
manned  and  the  stations  opened  for  active  service  on  the 
first  day  of  August  in  each  year,  and  so  continue  until  the   Aug.  3,  i894. 
first  day  of  June  succeeding,  and  upon  the  lake  coasts 


474  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

from  the  opening  to  the  close  of  navigation,  except  such 
stations  as,  in  the  discretion  of  the  Secretary  of  the  Treas- 
ury, are  not  necessary  to  be  manned  during  the  full 
period  specified ;  and  "the  crews  shall  reside  at  the  sta- 
tions during  said  periods. 
May  4, 1882.  Crcws  may  be  employed  at  any  of  the  life-saving  or 
Sec.  6.  life-boat  stations  on  the  Pacific  coast  during  such  portion 

of  the  year  as  the  general  superintendent  may  deem  neces- 
sary. 
June  20. 1874.      jj^g  Secretary  of  the  Treasury  is  hereby  authorized  to 
^^^'■^'  make  all  necessary  regulations  for  the  government  of  the 

life-saving  service  not  inconsistent  with  law. 

462.  Revenue-Cutter  Service. 

Apr.  iG,  1908.  The  President  be,  and  is  hereby,  authorized  to  ap- 
point in  the  Revenue-Cutter  Service,  b}^  and  with  the 
advice  and  consent  of  the  Senate,  one  captain  comman- 
dant for  a  period  of  four  years  who  may  be  reappointed 
for  further  periods  of  four  years  each,  who  shall  act  as 
chief  of  the  division  of  Revenue-Cutter  Service,  with  the 
rank  of  a  colonel  in  the  Army  and  a  captain  in  the  Navy, 
and  Avho  shall  have  the  pay  and  allowances  of  a  colonel 
in  the  Army;  *  *  *  one  engineer  in  chief  for  a  period 
of  four  years  who  may  be  reappointed  for  further  periods 
of  four  years  each,  with  the  rank  of  a  lieutenant-colonel 
in  the  Army  and  a  commander  in  the  Xavy,  and  who  shall 
have  the  pay  and  allowances  of  a  lieutenant-colonel  in  the 
Army. 

R.  s.,  2761.  The  master  of  any  revenue-cutter  shall  make  a  weekly 

return  to  the  collector,  or  other  officer  of  the  district  under 
whose  direction  it  is  placed,  of  the  transactions  of  the 
cutter,  specifying  the  vessels  that  have  been  boarded, 
their  names  and  descriptions,  the  names  of  the  masters, 
from  what  port  or  place  they  last  sailed,  whether  laden  or 
in  ballast,  to  what  nation  belonging,  and  whether  they 
have  the  necessary  manifests  of  their  cargoes  on  board, 
and  generally  all  such  matters  as  it  may  be  necessary  for 
the  officers  of  the  customs  to  know. 

R.  s.,  27G2.  The  officers  of  revenue-cutters  shall  perform,  in  addi- 

tion to  the  duties  hereinbefore  prescribed,  such  other  du- 
ties for  the  collection  and  security  of  the  revenue  as  from 
time  to  time  shall  be  directed  by  the  Secretary  of  the 
Treasury,  not  contrary  to  law. 

463.  Bureau  of  Light-Houses. 

June  17, 1910.      Hereafter  there  shall  be  in  the  Department  of  Com- 
sec.  4.  merce  and  Labor  a  bureau  of  light-houses  and  a  commis- 

sioner of  light-houses,  who  shall  be  the  head  of  said 
bureau,  to  be  appointed  by  the  President,  who  shall 
receive  a  salary  of  five  thousand  dollars  per  annum. 
There  shall  also  be  in  the  bureau  a  deputy  commissioner, 
to  be  appointed  by  the  President,  who  shall  receive  a 


PART    XLVI. ADMINISTEATIVE    AND    EXECUTIVE    OFFICES.      475 

salary  of  four  thousand  dollars  per  annum,  and  a  chief 
clerk,  who  shall  perform  the  duties  of  chief  clerk  and 
such  other  duties  as  may  be  assigned  to  him  by  the  Secre- 
tary of  Commerce  and  Labor  or  by  the  commissioner. 
There  shall  also  be  in  the  bureau  such  inspectors,  clerical 
assistants,  and  other  employees  as  may  from  time  to 
time  be  authorized  by  Congress,  and  there  shall  also  be 
employed  one  chief  constructing  engineer  at  a  salary  of 
four  thousand  dollars  per  annum  and  one  superintendent 
of  naval  construction  at  a  salary  of  three  thousand  dol- 
lars per  annum,  both  to  be  appointed  by  the  President. 
The  commissioner  of  light-houses  shall  make  an  annual 
report  to  the  Secretary  of  Commerce  and  Labor,  who 
shall  transmit  the  same  to  Congress  at  the  beginning  of 
each  regular  session  thereof;  and  such  commissioner, 
subject  to  the  approval  of  the  Secretary  of  Commerce 
and  Labor,  is  hereby  authorized  to  consider,  ascertain, 
adjust,  and  determine  all  claims  for  damages,  where  the 
amount  of  the  claim  does  not  exceed  the  sum  of  five  hun- 
dred dollars,  hereafter  occasioned  by  collisions,  for  which 
collisions  vessels  of  the  Light-House  Service  shall  be 
found  to  be  responsible,  and  report  the  amounts  so  ascer- 
tained and  determined  to  be  due  the  claimants  to  Con- 
gress at  each  session  thereof  through  the  Treasury  De- 
partment for  payment  as  legal  claims  out  of  appropria- 
tions that  may  be  made  by  Congress  therefor. 

That  all  employees  of  or  in  the  Light -House  Board  or  See.  5. 
the  Light-House  Establishment  are  hereby  transferred  to 
the  bureau  of  light-houses,  excepting,  however,  army  and 
navy  officers. 

All  duties  performed  and  all  power  and  authority  now  See.  6. 
possessed  or  exercised  by  the  Light-House  Board,  under 
any  provision  of  law  not  hereby  repealed,  are  hereby 
transferred  to  and  imposed  and  conferred  upon  and 
vested  in  the  commissioner  of  light-houses,  under  the 
direction  and  control  of  the  Secretary  of  Commerce  and 
Labor. 

The  commissioner  of  light-houses  shall,  under  the  direc-  see.  7. 
tion  and  control  of  the  Secretary  of  Commerce  and 
Labor,  have  charge  and  control  of  the  construction,  main- 
tenance, repair,  illumination,  inspection,  and  superin- 
tendence of  light-house  depots,  supply  stations,  light  and 
signal  stations,  light-houses,  light- vessels,  light -house  ten- 
ders, fog  signals,  submarine  signals,  beacons,  buoys,  day 
marks,  post-lantern  lights,  and  seamarks  and  their  ap- 
pendages, and  generally  of  the  Light-House  Service;  and 
the  charge  and  custody  of  all  the  archives,  books,  docu- 
ments, drawings,  models,  returns,  apparatus,  and  other 
things  appertaining  to  the  Light-House  Establishment. 

All  materials  for  construction,  maintenance,  rej^air,  and   See.  8. 
operation  shall  be  procured  by  public  contracts,  under 
such  regulations  as  may  from  time  to  time  be  prescribed 


476  NAVIGATION"   LAWS   OF   THE   UNITED   STATES. 

by  the  commissioner,  subject  to  the  approval  of  the  Secre- 
tary of  Commerce  and  Labor,  and  no  contract  shall  be 
made  except  after  public  advertisement  for  proposals  in 
such  form  and  manner  as  to  secure  general  notice  thereof, 
and  the  same  shall  only  be  made  with  the  lowest  and  best 
bidder  therefor,  upon  security  deemed  sufficient  in  the 
judgment  of  the  commissioner  of  light-houses,  but  all 
bids  may  at  any  time  be  rejected  b}^  the  commissioner: 
Provided^  hovever^  That  the  commissioner  of  light- 
houses may  purchase  illuminating  oil,  wicks,  and  chim- 
neys for  lights,  and  ground  tackle  for  light-vessels  and 
buoys,  and  to  an  amount  not  exceeding  five  hundi-ed  dol- 
lars at  any  one  time,  other  materials  and  supplies  Avhen 
immediate  delivery  is  required  by  an  exigency,  by  private 
contract  or  in  the  open  market,  if  he  deems  it  for  the  best 
interests  of  the  service  so  to  do;  but  such  purchases  shall 
be  set  forth  in  the  annual  report  of  the  commissioner 
with  the  reasons  for  purchasing  other  than  upon  bids 
after  public  advertisement. 

^^^•^-  The  commissioner,  under  the  direction  of  the  Secretary 

of  Commerce  and  Labor,  is  authorized,  whenever  an 
appropriation  is  made  by  Congress  for  a  new  light-house, 
the  proper  site  for  which  does  not  belong  to  the  United 
States,  to  purchase  the  necessary  land  for  such  site,  pro- 
vided the  purchase  money  be  paid  from  the  amount 
appropriated  for  such  light-house  without  exceeding  the 
limit  of  cost,  if  any,  fixed  in  such  case;  and  the  commis- 
sioner of  light-houses  is  authorized  to  employ  tempo- 
rarily draftsmen  for  the  preparation  of  plans  foV  tenders 
and  light-vessels  which  may  be  authorized  by  Congress, 
to  be  paid  from  the  respective  appropriations  therefor. 

Sec.  10.  The  commissioner  of  light-houses,  under  the  direction 

and  control  of  the  Secretary  of  Commerce  and  Labor, 
shall,  from  time  to  time,  prescribe  and  distribute  such 
regulations  as  he  may  deem  proper  for  securing  an  effi- 
cient, uniform,  and  economic  administration  of  the  Light- 
House  Service. 

Sec.  11.  The  commissioner  of  light-houses,  subject  to  the  ap- 

proval of  the  Secretary  of  Commerce  and  Labor,  as  soon 
as  practicable,  shall  rearrange  the  ocean,  gulf,  and  lake 
coasts  and  the  rivers  of  the  United  States,  Porto  Rico, 
and  the  naval  station  in  Cuba  into  not  exceeding  nineteen 
light-house  districts,  and  a  light-house  inspector  shall 
be  assigned  in  charge  of  each  district.  The  light-house 
inspectors  shall  each  receive  a  salary  of  two  thousand 
four  hundred  dollars  per  annum,  except  the  inspector  of 
the  third  district,  whose  salary  shall  be  three  thousand 
six  hundred  dollars  per  annum^  The  President  mav,  for 
a  period  not  exceeding  three  years  from  the  taking  effect 
of  this  section,  assign  army  and  navy  officers  to  act  in  lieu 
of  the  appointment  of  civilian  light -house  inspectors, 
but  such  army  and  navy  officers  shall  not  receive  any 


PAUT    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.      477 


salary  or  compensation  in  addition  to  the  salaiT  or  com- 
pensation they  are  entitled  to  as  such  army  or  navy  offi- 
cers: Provided.,  That  in  the  districts  which  include  the 
Mississippi  River  and  its  tributaries  the  President  may 
designate  army  engineers  to  perform  the  duties  of  and  act 
as  inspectors.  The  President  may  detail  officers  of  the 
Engineer  Corj^s  of  the  United  States  Army  for  consulta- 
tion or  to  suiDcrintend  the  constrnction  or  repair  of  any 
aid  to  navigation  authorized  by  Congress. 

No  light-house,  beacon,  public  piers,  or  landmark,  shall 
be  built  or  erected  on  any  site  until  cession  of  jurisdiction 
over  the  same  has  been  made  to  the  United  States. 

A  cession  by  a  State  of  jurisdiction  over  a  place  selected 
as  the  site  of  a  light-house,  or  other  structure  or  work 
of  the  Light-House  Service,  shall  be  deemed  sufficient 
within  the  preceding  section,  notwithstanding  it  contains 
a  reservation  that  process  issued  under  authority  of  such 
State  may  continue  to  be  served  within  such  ]:)lace.  And 
notwithstanding  any  such  cession  of  jurisdiction  contains 
no  such  reservation,  all  process  ma}^  be  served  and  exe- 
cuted within  the  place  ceded,  in  the  same  manner  as  if  no 
cession  had  been  made. 

Whenever  any  of  the  light-vessels  occupying  positions 
which  are  adapted  to  the  erection  of  light-houses  upon 
pile-foundations  require  to  be  rebuilt,  or  require  such  ex- 
tensive repairs  as  to  render  the  substitution  of  such  light- 
house advisable  and  practicable,  such  permanent  struc- 
tures may  be  erected  in  place  of  any  such  light-vessels; 
but  the  expense  arising  from  all  such  changes  and  erec- 
tions shall  be  defrayed  from  the  general  annual  appro- 
priations for  repairs,  and  so  forth,  of  light- vessels,  except 
when  a  special  appropriation  is  made  for  such  change. 

The  Secretary  of  Commerce  and  Labor  shall  assign  to 
any  of  the  collectors  of  the  customs  the  superintendence 
of  such  light-houses,  beacons,  light-ships,  and  buoys,  as 
he  deems  best. 

The  Secretary  of  Commerce  and  Labor  is  authorized  to 
regulate  the  salaries  of  the  respective  keepers  of  light- 
houses in  such  manner  as  he  deems  just  and  proper,  but 
the  whole  sum  alloAved  for  such  salaries  shall  not  exceed 
an  average  of  six  hundred  dollars  to  each  keeper. 

The  Secretary  of  Commerce  and  Labor  may,  upon  the 
recommendation  of  the  Commissioner  of  Light -Houses, 
discontinue  from  time  to  time  such  lights  as  may  from 
any  cause  become  useless  or  unnecessary.  And  he  may, 
upon  the  like  recommendation,  from  time  to  time  re-estab- 
lish any  lights  which  have  been  thus  discontinued,  when- 
ever he  believes  such  re-establishment  to  be  required  by 
public  convenience  or  the  necessities  of  trade  orconimerce. 

No  inspector,  light-keeper,  or  other  person  in  any 
manner  connected  with  the  light-house  service,  shall  be 


R.  S.,  46G1. 


R.  S.,  4662. 
June  17,  1910. 


R.  S.,  4668. 


R.  S, 

„  46 

72. 

Feb. 

14, 

1903. 

Sec. 

4. 

R.  S 

.,46 

73. 

Feb. 

14, 

1903. 

Sec. 

4. 

R.  S 

.,46 

74. 

Feb. 

14, 

1903. 

Sec. 

4. 

June  17, 

1910. 

Sec. 

6. 

R.  S.,  4680. 
June  17,  1910. 


478  NAVIGATION   LAWS   OF   THE   UNITED   STATES. 

interested,  either  directly  or  indirectly,  in  any  contract 
for  labor,  materials,  or  supplies  for  the  light  house  serv- 
ice, or  in  an}^  patent,  plan,  or  mode  of  construction  or 
illumination,  or  in  any  article  of  supply  for  the  light- 
house service. 
.Tune  20, 1906.      After  the  first  day  of  January,  nineteen  hundred  and 
june^iT,  1910.  s^ven,  it  shall  be  unlawful  for  any  person,  company,  cor- 
Sec.  6.  poration,  or  municipality  not  under  the  control  of  the 

Commissioner  of  Light-Houses,  to  establish,  erect,  or 
maintain  in  the  navigable  waters  of  the  United  States 
any  light  as  an  aid  to  navigation,  or  any  other  aid  to 
navigation  similar  to  any  of  those  maintained  by  the 
United  States  under  the  control  and  direction  of  the 
Commissioner  of  Light-Houses,  without  first  obtaining 
permission  so  to  do  from  the  Commissioner  of  Light- 
Houses,  in  accordance  with  rules  and  regulations  to  be 
established  by  the  Secretary  of  Commerce  and  Labor;  and 
any  person  violating  tlie  provisions  of  this  section  or  any 
of  the  rules  and  regulations  established  by  the  Secretary 
of  Commerce  and  Labor  in  accordance  herewith  shall  be 
deemed  guilty  of  a  misdemeanor  and  be  subject  to  a  fine 
not  exceeding  the  sum  of  one  hundred  dollars  for  each 
offense,  and  each  day  during  which  such  violation  shall 
continue  shall  be  considered  as  a  new  olTense. 
464.  Treasury  agents. 
R.  s.,  2649.^  The  Secretary  of  the  Treasury  may  ai:>point  one  super- 
tiav.  sf isoL*'  ^'ising  special  agent,  who  shall  receive  in  addition  to  the 
necessary  traveling  expenses  actually  incurred  by  him,  a 
compensation  of  ten  dollars  per  day;  eighteen  special 
agents,  who  shall  each  receive  in  addition  to  the  necessary 
traveling  expenses  actually  incurred  by  him,  a  compensa- 
tion to  he  fixed  by  the  Secretary  of  the  Treasury,  not  to 
exceed  eight  dollars  per  day;  and  nine  special  agents, 
who  shall  each  receive  in  addition  to  the  necessary  travel- 
ing expenses  actuallv  incurred  bv  him,  a  compensation  to 
Feb.  14, 1903.  be  fixed  by  the  Secretary  of  the  Treasurv  not  to  exceed 
SIX  dollars  per  day,  for  the  purpose  of  making  the  e,xami- 
nations  of  the  books,  papers,  and  accounts  of  collectors 
and  other  officers  of  the  customs,  and  to  be  employed  gen- 
erally, under  the  direction  of  the  Secretary,  in  the  preven- 
tion and  detection  of  frauds  on  the  customs  revenue;  and 
the  expense  thereof  shall  be  charged  to  the  "  appropria- 
tion to  defray  the  expense  of  collecting  the  revenue  from 
customs." 

The  Secretary  of  the  Treasury  mav,  from  time  to  time, 
make  such  regulations  not  inconsistent  with  law,  for  the 
government  of  the  special  agents,  as  he  deems  expedient, 
and  may  rescind  or  alter  I'egulations  so  made.  But  no 
special  agent,  in  addition  to  those  authorized  by  the  two 
preceding  sections  [sec.  2649  as  amended],  shall  be  ap- 
pointed or  employed  upon  any  business  relating  to  the 
customs  revenue ;  nor  shall  any  sum  be  paid  to  any  agent 
authorized  to  be  employed  for  mileage  or  any  other  ex- 


Secs.  4,  10. 


R.  S.,  26.51. 
Aug.  15,  18 


PART   XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       479 

penses  except  such  as  are  actually  incurred  in  the  dis- 
ci-f«rge  of  his  official  duty. 

It  shall  be  the  duty  of  all  officers  of  the  customs  to  exe-  ^-  ^•'  ^^'^^• 
cute  and  carry  into  effect  all  instructions  of  the  Secretary 
of  the  Treasury  relative  to  the  execution  of  the  revenue 
laws;  and  in  case  any  difficulty  shall  arise  as  to  the  true 
construction  or  meaning  of  any  part  of  the  revenue  laws, 
the  decision  of  the  Secretary  of  the  Treasury  shall  be  con- 
ckisive  and  binding  upon  all  officers  of  the  customs. 

The  Secretary  of  the  Treasury  is  hereby  authorized.  R-S.,  2653. 
whenever  he  shall  think  it  advantageous  to  the  public 
service,  to  abolish  or  suspend  the  office  of  naval  officer,  or 
any  other  subordinate  office,  in  any  collection-district  of 
the  United  States,  except  in  Boston,  New  York,  Philadel- 
phia, Baltimore,  Charleston,  Savannah,  Portland  in 
Maine,  and  San  Francisco,  and  to  assign  the  duties  of  the 
office  or  any  other  subordinate  office  so  abolished  or  sus- 
pended to  a  deputy  collector  or  inspector  of  the  customs ; 
and  so  much  of  all  fines,  penalties,  and  forfeitures  as 
would  otherwise  inure  to  either  of  such  naval  officers  shall, 
after  the  discontinuance  of  their  offices,  respectively,  be 
paid  into  the  Treasury  of  the  United  States,  and  there 
credited  to  the  fund  lor  defraying  the  expenses  of  col- 
lecting the  revenue  from  customs. 

465.   Alaska  seal  agents. 

The  Secretary  of  Commerce  and  Labor  shall  have  au-  ^p^-^^'  ^^'^^ 
thority  to  appoint  such  additional  officers,  agents,  and 
employees  as  may  be  necessary  to  carry  out  the  provisions 
of  this  Act  and  the  laws  of  the  United  States  relating  to 
the  seal  fisheries  of  Alaska,  to  prescribe  their  duties  and 
to  fix  their  compensation ;  he  shall  likewise  have  author- 
ity to  purchase  from  the  present  lessee  of  the  right  to  take 
seals  on  the  islands  of  Saint  Paul  and  Saint  George,  at  a 
fair  valuation  to  be  agreed  upon,  the  warehouses,  salt 
houses,  boats,  launches,  lighters,  horses,  mules,  wagons, 
and  other  property  of  the  said  lessee  on  the  islands  of 
Saint  Paul  and  Saint  George,  including  the  dwellings  of 
the  natives  of  said  islands;  he  shall  likewise  have  author- 
ity to  establish  and  maintain  depots  for  provisions  and 
supplies  on  the  Pribilof  Islands  and  to  provide  for  the 
transportation  of  such  provisions  and  supplies  from  the 
mainland  of  the  United  States  to  the  said  islands  by  the 
charter  of  private  vessels  or  by  the  use  of  public  vessels 
of  the  United  States  which  may  be  placed  at  his  disposal 
by  the  President;  and  he  shall  likewise  have  authority  to 
furnish  food,  shelter,  fuel,  clothing,  and  other  necessaries 
of  life  to  the  native  inhabitants  of  the  Pribilof  Islands 
and  to  provide  for  their  comfort,  maintenance,  education, 
and  protection. 

The  Secretary  of  Commerce  and  Labor  is  authorized  to  R-  S-,  i^''^- 
appoint  one  agent  and  three  assistant  agents,  who  shall   gg,?  ^^  ' 


Sec.  9. 


480  NAVIGATION   LAWS   OF    THE   UNITED   STATES. 

be  charged  with  the  management  of  the  seal  fisheries  in 
Alaska,  and  the  performance  of  such  other  duties  as  may 
be  assigned  to  them  by  the  Secretary  of  Commerce  and 
Labor. 

R.  s.,  1975.  Such  agents  shall  never  be  interested,  directly  or  indi- 

rectlv,  in  any  lease  of  the  right  to  take  seals,  nor  in  any 
proceeds  or  profits  thereof,  either  as  oAvner,  agent,  part- 
ner, or  otherwise. 

R.  s.,  1976.  Such  agents  are  empowered  to  administer  oaths  in  all 

cases  relating  to  the  service  of  the  United  States,  and  to 
take  testimony  in  Alaska  for  the  use  of  the  Government  in 
any  matter  concerning  the  public  revenues. 

R.  s.,  2999.  For  the  purpose  of  better  guarding  against  frauds  upon 

the  revenue  on  foreign  merchandise  transported  between 
the  ports  of  the  Atlantic  nnd  those  of  the  Pacific  overland 
through  any  foreign  territory,  the  Secretary  of  the  Treas- 
ury may  appoint  special  sworn  agents  as  inspectors  of  the 
customs,  to  reside  in  such  foreign  territory  where  such 

Feb.  14. 1903.  merchandise  may  be  landed  or  embarked,  Avith  power  to 

Sec.  10.  sujDerintend  the  landing  or  shipping  of  all  merchandise, 

passing  coastwise  between  the  ports  of  the  United  States 
on  the  Pacific  and  the  Atlantic.  It  shall  be  their  duty, 
under  such  regulations  and  instructions  as  the  Secretary 
of  the  Treasury  may  prescribe,  to  guard  against  the  per- 
petration of  frauds  upon  the  revenue.  The  compensation 
paid  to  such  inspectors  shall  not  in  the  aggregate  exceed 
five  thousand  dollars  per  annum. 
466.    Coast  and  Geodetic  Survey. 

R.  s.,  4GS1.  The  President  is  authorized  to  cause  a  survey  to  be 

taken  of  the  coasts  of  the  United  States,  in  which  shall  be 
designated  the  islands  and  shoals,  with  the  roads  or  places 
of  anchorage,  within  twenty  leagues  of  any  part  of  the 
shores  of  the  United  States;  and  also  the  respective 
courses  and  distances  between  the  principal  capes  or  head- 
lands, together  vrith  such  other  matters  as  he  may  deem 
proper  for  completing  an  accurate  chart  of  every  part  of 
the  coasts. 

R.  s.,  4082.  The  President  may  also  cause  such  examinations  and 

observations  to  be  made  with  respect  to  Saint  George's 
Bank,  and  to  any  other  bank,  or  shoal,  and  the  soundings 
and  currents,  although  beyond  the  distance  of  twenty 
leagues  from  the  shore  to  the  Gulf  Stream,  as  he  may 
deem  especially  subservient  to  the  commercial  interests  of 
the  United  States. 

R.  s.,  4GSG.  The  President  is  authorized,  for  any  of  the  purposes  of 

surveying  the  coast  of  the  United  States,  to  cause  to  be 
emploA'cd  such  of  the  public  vessels  in  actual  service  as  he 
deems  it  expedient  to  employ,  and  to  give  such  instruc- 
tions for  regulating  their  conduct  as  he  deems  proper, 
according  to^the  tenor  of  this  Title  [R.  S.,  4681-4G91]. 


PART    XL VI. ADMINISTRATIVE    AND    EXECUTIVE    O'e'FfOES.       481 

Officers  of  the  Army  and  Navy  shall,  as  far  as  practica-   ^-  S-,  4687. 
ble,  be  employed  in  the  ^York  of  surveying  the  coast  of  the 
United  States,  whenever  and  in  the  manner  required  by 
the  Department  having  charge  thereof. 

The  Secretary  of  Commerce  and  Labor  may  make  such  R-  S-  4688. 
allowances  to  the  officers  and  men  of  the  Army  and  Navy,  ^^^^-  ^^'  i^^^- 
while  employed  on  Coast  Survey  service,  for  subsistence, 
in  addition  to  their  compensation,  as  he  may  deem  neces- 
sary, not  exceeding  the  sum  authorized  by  the  Treasury 
regulation  of  the  eleventh  day  of  May,  eighteen  hundred 
and  forty-four. 

The  salary  of  the  Superintendent  of  the  Coast  Survey   ^-  ^-  46S9. 
shall  be  six  thousand  dollars  a  year. 

The  Coast  Survey  report  shall  be  submitted  to  Congress  ^-  S-  ^^90. 
during  the  month  of  December  in  each  year,  and  shall  be 
accompanied  by  a  general  chart  of  the  whole  coasts  of  the 
United  States,  on  as  large  a  scale  as  convenient  and  prac- 
ticable, showing,  as  near  as  practicable,  the  configuration 
of  the  coasts,  and  showing,  by  lines,  the  probable  limits 
of  the  Gulf  Stream,  and  showing,  by  lines,  the  probable 
limit  to  Avhich  the  soundings  off  the  coast  will  extend, 
and  show^ing,  by  the  use  of  colors  and  explanations,  the 
exact  portions  of  our  coasts,  of  which  complete  charts 
have  been  published  by  the  Coast  Survey;  also,  showing 
such  other  parts  of  the  coasts  of  which  the  triangulation, 
the  topography,  and  the  soundings  have  been  completed, 
but  not  published,  and,  also,  such  parts  of  the  coasts  of 
which  the  triangulation  and  topography,  or  the  triangu- 
lation only,  have  been  completed. 

467.   District  court  commissioners. 

The  terms  of  office  of  all  commissioners  of  the  circuit  ^^^7  28,  isoe. 
courts  heretofore  appointed  shall  expire  on  the  thirtieth  ^^^'  ^^' 
day  of  June,  eighteen  hundred  and  ninety-seven;  and 
such  office  shall  on  that  day  cease  to  exist,  and  said  com- 
missioners shall  then  deposit  all  the  records  and  other 
official  papers  appertaining  to  their  offices  in  the  office  of 
the  clerk  of  the  circuit  court  by  which  they  were  ap- 
pointed. All  proceedings  pending,  returnable,  unexe- 
cuted, or  unfinished  at  said  date  before  any  such  com- 
missioner shall  be  continued  and  disposed  of  according 
to  law  by  such  commissioner  appointed  as  herein  pro- 
vided, as  may  be  designated  by  the  district  court  for  that 
purpose.  It  shall  be  the  duty  of  the  district  court  of 
each  judicial  district  to  appoint  such  number  of  persons, 
to  be  known  as  United  States  commissioners,  at  such 
places  in  the  district  as  may  be  designated  by  the  district 
court,  which  United  States  commissioners  shall  have  the 
same  powers  and  perform  the  same  duties  as  are  now 
imposed  upon  commissioners  of  the  circuit  courts.  The 
aiDpointment  of  such  United  States  commissioners  shall  be 
entered  of  record  in  the  district  courts,  and  notice  thereof  * 

96694°— 11 31 


482  NAVIGATION   LAWS   OF    THE   UNITED   STATES. 

at  once  given  by  the  clerk  to  the  Attorney-General.  That 
such  United  States  commissioners  shall  hold  their  offices, 
respectively,  for  the  teiTn  of  four  years,  but  they  shall  be 
at  any  time  subject  to  removal  by  the  district  court;  and 
no  person  shall  at  any  time  be  a  clerk  or  deputy  clerk  of 
a  United  States  court  and  a  United  States  commissioner 
without  the  approval  of  the  Attorney-General :  Provided^ 
That  all  acts  and  parts  of  acts  applicable  to  commission- 
ers of  the  circuit  courts,  except  as  to  appointment  and 
fees,  shall  be  applicable  to  United  States  commissioners 
appointed  under  this  Act.  Warrants  of  arrest  for  viola- 
tions of  internal  revenue  laws  may  be  issued  by  United 
States  commissioners  upon  the  sworn  complaint  of  a 
United  States  district  attorney,  assistant  United  States 
district  attorney,  collector  or  deputy  collector  of  internal 
revenue,  or  revenue  agent  or  private  citizen,  but  no  such 
warrant  of  arrest  shall  be  issued  upon  the  sworn  com- 
plaint of  a  private  citizen  unless  first  approved  in  writ- 
ing by  a  United  States  district  attorne}^  That  United 
States  commissioners  and  all  clerks  of  United  States 
courts  are  hereby  authorized  to  administer  oaths. 

468.   Unauthorized  services. 
R.  s.,  3679.^        ;n'o  Executive  Department  or  other  Government  estab- 
seT/'^^*^^    lishment  of  the  United  States  sliall  expend,  in  any  one 
Feb.  27, 190G.  fiscal  year,  any  sum  in  excess  of  appropriations  made  by 
Sec.  3.  Congress  for  that  fiscal  year,  or  involve  the  Government 

in  any  contract  or  other  obligation  for  the  future  pay- 
ment of  money  in  excess  of  such  appropriations  unless 
such  contract  or  obligation  is  authorized  by  law.  Nor 
shall  any  Department  or  any  officer  of  the  Government 
accept  voluntary  service  for  the  Government  or  em])h)y 
personal  service  in  excess  of  that  authorized  by  law, 
except  in  cases  of  sudden  emergency  involving  the  loss 
of  human  life  or  the  destruction  of  property.  AH  appro- 
priations made  for  contingent  expenses  or  otlier  general 
purposes,  except  appropriations  made  in  fulfillment  of 
contract  obligations  expressly  authorized  by  law,  or  for 
objects  required  or  authorized  by  laAv  without  reference 
to  the  amounts  annually  appropriated  therefor,  shall,  on 
or  before  the  beginning  of  each  fiscal  year,  be  so  appor- 
tioned by  monthly  or  other  allotments  as  to  prevent  ex- 
penditures in  one  portion  of  the  year  which  may  necessi- 
tate deficiency  or  additional  appropriations  to  complete 
the  service  of  the  fiscal  year  for  which  said  appropria- 
tions are  made;  and  all  such  apportionments  shall  be  ad- 
hered to  and  shall  not  be  waived  or  modified  except  upon 
the  happening  of  some  extraordinary  emergency  or  un- 
usual circumstance  which  could  not  be  anticipated  at  the 
time  of  making  such  apportionment,  but  this  provision 
shall  not  apply  to  the  contingent  appropriations  of  the 
Senate  or  House  of  Representatives ;  and  in  case  said  ap- 
portionments are  waived  or  modified  as  herein  provided, 


PART    XLVI. ADMINISTRATIVE    AND    EXECUTIVE    OFFICES.       483 

the  same  shall  be  waived  or  modified  in  writing  by  the 
head  of  such  Executive  Department  or  other  Government 
establishment  having  control  of  the  expenditure,  and  the 
reasons  therefor  shall  be  fully  set  forth  in  each  particular 
case  and  communicated  to  Congress  in  connection  with 
estimates  for  any  additional  appropriations  required  on 
account  thereof.  Any  person  violating  any  provision  of 
this  section  shall  be  summarily  removed  from  office  and 
may  also  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred dollars  or  by  imprisonment  for  not  less  than  one 
month. 


Part   XLVII.-FEES   PAYABLE   BY   PRIVATE   PERSONS. 


469.   Fees  on  vessels  payable  by  private  persons. 

[Note. — Bv  section  1  of  the  act  of  Juno  19.  3  8SG,  and  section  22  of  the  act  of  June  10, 
1S90,  the  system  of  compensating  officers  of  the  Government  enforcing  the  navigation 
laws  was  materially  changed.  Nearly  all  the  fees  previously  collected  by  them  from 
masters  and  owners  of  vessels  of  the  United  States  for  services  rendered  were  abolished, 
and  payment  made  directly  from  the  Treasury  on  the  basis  of  the  former  fees.  For  this 
reason,  wherever  practicable  in  the  text  of  this  compilation,  provisions  requiring  the 
payment  of  fees  have  been  omitted  as  no  longer  in  force  between  the  master  or  owner 
of  a  vessel  of  the  United  States  and  the  Government,  but  in  force  only  as  determining 
the  compensation,  in  some  instances,  paid  by  the  Government  to  its  employees. 

Following  are  the  sections  of  law  above  referred  to,  with  a  schedule  of  the  fees  which 
still  remain  payable  by  the  owner,  master,  or  agent  of  a  vessel  of  the  United  States  at 
ports  on  the  seaboard  and  western  rivers,  and  also  at  ports  on  the  Great  Lakes  and  north- 
ern, northeastern,   and  northwestern   frontiers.] 

June  19, 1886.  Q^i  and  after  July  first,  eighteen  hundred  and  eighty- 
six,  no  fees  shall  be  charged  or  collected  by  collectors  or 
other  officers  of  customs,  or  by  inspectors  of  steam-vessels 
or  shipping  commissioners,  for  the  folloAving  services  to 
vessels  of  the  United  States,  to  Avit:  Measurement  of  ton- 
nage and  certifying  the  same ;  issuing  of  license  or  granting 
of  certificate  of  registry,  record,  or  enrollment,  including 
all  indorsements  on  the  same  and  bond  and  oath ;  indorse- 
ment of  change  of  master;  certifying  and  receiving  mani- 
fest, including  master's  oath  and  permit  ;'granting  permit 
to  vessels  licensed  for  the  fisheries  to  touch  and  trade; 
granting  certificate  of  payment  of  tonnage  dues;  record- 
ing bill  of  sale,  mortgage,  hypothecation,  or  conveyance, 
or  the  discharge  of  such  mortgage  or  hypothecation; 
furnishing  certificate  of  title;  furnishing  the  crew  list, 
certificate  of  protection  to  seamen;  bill  of  health;  ship- 
ping or  discharging  of  seamen,  as  provided  by  title  fifty- 
three  of  the  Revised  Statutes  [R.  S.,  4501-4612]  and  sec- 
tion two  of  this  act;  apprenticing  boys  to  the  merchant 
service;  inspecting,  examining,  and  licensing  steam-A  essels, 
including  in.spection  certificate  and  copies  thereof;  and 
licensing  of  master,  engineer,  pilot,  or  mate  of  a  vessel; 
and  all  provisions  of  laws  authorizing  or  requiring  the 
collection  of  fees  for  such  services  are  repealed,  such  re- 
peal to  take  effect  July  first,  eighteen  hundred  and  eighty- 
six.  Collectors  or  other  officers  of  customs,  inspectors  of 
steam-vessels,  and  shipping  commissioners  Avho  are  paid 
wholly  or  partly  by  fees  shall  make  a  detailed  report  of 
such  services,  and  the  fees  provided  by  law,  to  the  Secre- 
tary of  Commerce  and  Labor,  under  such  regulations  as 
Feb.  14,  1903.  that  officcr  may  prescribe;  and  the  Secretary  of  the 
Sec.  10.  Treasury   [or  the  Secretary  of  Commerce  and  Labor] 

484 


PART   XLVII. FEES   PAYABLE   BY   PRIVATE   PERSONS.  485 

shall  allow  and  pay,  from  any  money  in  the  Treasury 
not  otherwise  appropriated,  said  officers  snch  compensa- 
tion for  said  services  as  each  would  have  received  prior 
to  the  passage  of  this  act;  also  such  compensation  to 
clerks  of  shipping  commissioners  as  would  have  been 
paid  them  had  this  act  not  passed :  Provided^  That  such 
services  have,  in  the  opinion  of  the  Secretary  of  Com- 
merce and  Labor,  been  necessarily  rendered. 

So  much  of  the  Act  approved  June  nineteenth,  eighteen  June  25,  loio. 
hundred  and  eighty-six  (Statutes  at  Large,  volume 
twenty-four,  page  seventy-nine),  as  makes  a  permanent 
indefinite  appropriation  to  pay  compensation  to  shipping 
commissioners  and  the  clerks  of  the  shipping  commis- 
sioners for  services  under  said  Act  is  hereby  repealed,  to 
take  effect  from  and  after  June  thirtieth,  nineteen  hun- 
dred and  eleven;  and  the  Secretary  of  Commerce  and 
Labor  shall,  for  the  fiscal  year  nineteen  hundred  and 
tAvelve,  and  annually  thereafter,  submit  to  Congress  in 
the  regular  Book  of  Estimates  detailed  estimates  for  com- 
pensation of  such  commissioners  and  clerks. 

Shipping  Service :  For  salaries  of  shipping  commission-  ^ar.  4, 1911. 
ers  in  amounts  not  exceeding  the  following:  At  Balti- 
more, one  thousand  two  hundred  dollars;  at  Bath,  one 
thousand  dollars;  at  Boston,  three  thousand  dollars;  at 
Gloucester,  six  hundred  dollars;  at  Honolulu,  one  thou- 
sand two  himdred  dollars;  at  ]Mobile,  one  thousand  two 
hundred  dollars ;  at  New  Bedford,  one  thousand  two  hun- 
dred dollars;  at  New  Orleans,  one  thousand  five  hundred 
dollars;  at  New  York,  five  thousand  dollars;  at  Norfolk, 
one  thousand  five  hundred  dollars;  at  Pascagoula,  three 
hundred  dollars ;  at  Philadelphia,  two  thousand  four  hun- 
dred dollars ;  at  Portland,  Maine,  one  thousand  three  hun- 
dred dollars ;  at  Port  Townsend,  three  thousand  five  hun- 
dred dollars;  at  Providence,  one  thousand  eight  hundred 
dollars;  at  Kockland,  one  thousand  two  hundred  dollars; 
at  San  Francisco,  four  thousand  dollars ;  in  all,  thirty-one 
thousand  nine  hundred  dollars.  m  i«Qr^ 

All  fees  exacted  and  oaths  administered  by  officers  of  ^^^72  ^^''"• 
the  customs,  except  as  provided  in  this  act,  under  or  by 
virtue  of  existing  laws  of  the  United  States,  upon  the  en- 
try of  imported  goods  and  the  passing  thereof  through 
the  customs,  and  also  upon  all  entries  of  domestic  goods, 
wares,  and  merchandise  for  exportation,  are  hereby  abol- 
ished: *  *  *  /^r^L'zWe^,  That  where  such  fees,  under 
existing  laws,  constitute,  in  whole  or  in  part,  the  compen- 
sation of  any  officer,  such  officer  shall  receive,  from  and 
after  the  passage  of  this  act,  a  fixed  sum  for  each  year 
equal  to  the  amount  which  he  would  have  been  entitled  to 
receive  as  fees  for  such  services  during  said  year. 


486  N"AVIGATION   LAWS   OF    THE   UNITED   STATES. 

PORTS  ON  ATLANTIC,  PACIFIC,  AND  GULF  COASTS  AND  WESTERN  RIVERS. 

For  inspector's  certificate  to  cancel  bond,  etc $0.  20 

Granting  permit  to  a  vessel  not  belonging  to  a  citizen  of  the  United  States 

to  go  from  district  to  district,  and  for  receiving  manifest 2.  00 

Receiving  manifest,   and  granting  permit  to   unload,   for  last-mentioned 

vessel  on  arrival  at  one  district  from  another 2.00 

Entry  of  vessel  of  100  tons  or  more  from  foreign  port 2.  50 

Entry  of  vessel  under  300  tons 1.50 

Clearance  of  vessel  of  100  tons  or  more  for  a  foreign  port 2.  50 

Clearance  of  vessel  under  100  tons 1.  50 

Post-entry 2.00 

Bond  taken  officially,  not  otherwise  provided  for,  except  when  executed  in 
connection  with  the  entry  or  passage  of  goods  through  the  customs,  or 

with  the  entry  of  merchandise  for  exportation .  40 

Official  certificate,  except  as  above  stated .20 

Collector's  certificate  to  shipping  articles .  20 

Special  certificate  to  cancel  bond  not  given  in  connection  with  entry  of 

merchandise,  etc.,  under  act  1S90 .  20 

Certified  copy  of  outward  manifest,  if  required  (fee  abolished) 

Copy  of  marine  document .  20 

Official  documents  (United  States  vessels'  documents  excepted)  required 
by  any  merchant,  owner,  or  master  of  any  vessel  not  before  enumer- 
ated, including  bills  of  health  for  foreign  vessels .20 

Services  other  than  admeasurement  to  be  performed  by  the  surveyor  in 
foreign-going  vessels  of  100  tons  or  more,  having  on  board  merchan- 
dise subject  to  duty.  Revised  Statutes,  4186  (not  applicable  to  vessels 

without  cargo  but  with  excess  of  sea  stores) 8.00 

For  like  services  in  vessels  under  100  tons  having  similar  merchandise l.  50 

For  like  services  on  all  foreign-going  vessels  not  having  merchandise 

subject  to  duty .  G7 

Certified  copy  of  bill  of  sale,  mortgage,  or  other  conveyance .  .50 

Duties  performed  by  the  surveyor  on  vessel  of  1(X)  tons  or  upwards,  if 

there  be  dutiable  cargo 3.00 

Duties  performed  by  surveyor  on  vessel  of  less  than  100  tons,  if  there  be 

dutiable  cargo 1.  50 

Duties  performed  by  surveyor  on  vessel  of  whatever  tonnage  with  free 

cargo  or  ballast ,67 

Tonnage  duty,  if  due 

Certificate  payment  tonnage  dues,  foreign  vessel .  20 

Bill  of  health,  foreign  vessel .  20 

Bond  to  retain  cargo  on  board,  if  required .40 

Certificate  of  American  growth  or  production,  if  required .  20 

Clearance  of  an  American  vessel  for  a  foreign  port:  Fee  same  as  above 
(but  no  fee  collectible  for  bill  of  health,  certificate  payment  tonnage 
tax.  crew  list,  or  bond). 
Certificate  to  shipping  articles,  if  required .  20 

The  fees  allowed  to  surveyors  for  services  other  than  admeasurement  on 
board  vessels  may  be  charged  by  the  collectors  performing  such  services  at 
ports  where  there  are  no  surveyors,  but  such  fees  will  not  be  collected  from 
coasting  vessels. 

Fees  for  the  admeasurement  of  vessels  under  5  tons  in  burden  will  not  be 
charged. 

Collectors  may  receive  port  warden's,  health  officer's,  and  harbormaster's  fees 
where  it  is  a  matter  of  convenience  to  all  parties  concerned. 

The  term  "legal  fees."  used  in  section  4206,  Revised  Statutes,  does  not  mean 
pilotnge,  half  pilotage,  or  similar  local  charges. 

Masters  of  passenger  vessels  from  foreign  territory  not  contiguous  to  the 
Ignited  States  are  required  to  pay,  within  twenty-four  hours  from  entry,  to 
the  collector  of  customs  at  the  port  of  arrival,  $10  for  each  passenger  over 
8  years  of  age  (not  being  a  cabin  passenger)  who  shall  have  died  of  natural 
disease  during  the  voyage. 

Collectors,  naval  officers,  and  surveyors  are  required  to  have  posted  in  a  public 
place  in  their  offices  a  fair  table  of  the  fees  demandable  by  law  at  their 
ports,  subject  at  all  times  to  inspection,  and  to  give  receipts  for  fees  col- 
lected, specifying  the  particulars,  whenever  required  to  do  so.  Failure  to 
observe  these  requirements  entails  a  penalty  of  $100  for  the  benefit  of  the 
informer. 


PART    XLVII. — FEES   PAYABLE   BY   PRIVATE   PERSONS,  487 

PORTS  ON  NORTHERN,  NORTHEASTERN,  AND  NORTHWESTERN   FRONTIERS. 

Post  entry $2.  00 

Official  bond  not  otherwise  provided  for.  except  when  executed  in  connec- 
tion with  the  entry  or  passage  of  goods  through  the  customs,  or  with 

the  entry  of  domestic  merchandise  for  exportation .  50 

Official  certificate  not  otherwise  provided  for,  except  as  above  stated .  20 

Special  certificate  to  cancel  bond  not  given  in  connection  with  entry,  mer- 
chandise, etc.,  under  act  1890 .20 

Certified  copy  of  outward  manifest,  if  required .20 

Copy  of  marine  document .  20 

Copy  bill  of  sale,  mortgage,  or  other  conveyance .  50 

The  fees  above  mentioned  are  applicable  in  the  case  of  all  vessels  navi- 
gating the  waters  of  the  northern,  northeastern,  and  northwestern 
frontiers  otherwise  than  by  the  sea,  and  no  fees  other  tlian  those 
above  specially  enumerated  can  be  legally  collected  froui  the  owners 
or  masters,  as  such,  of  vessels  enrolled  or  licensed  on  said  frontiers. 
Clearance  of  a  foreign  vessel  for  a  foreign  port: 

Clearance .  50 

Bond  to  retain  cargo,  if  necessary .50 

Clearance  of  an  American  vessel  directly  for  a  foreign  port : 

Clearance .  50 

Bond  to  retain  cargo,  if  necessary .50 

Entry  of  an  American  vessel  engaged  in  the  coasting  trade  and  touch- 
ing at  a  foreign  port: 
Post  entry,  if  made 2.  00 

The  fees  allowed  to  surveyors  for  services  other  thnn  admeasurement  on  board 
vessels  may  be  charged  by  the  collectors  performing  such  services  at  ports 
where  there  are  no  surveyors,  but  such  fees  will  not  be  collected  from 
coasting  vessels. 

Fees  for  the  admeasurement  of  vessels  under  5  tons  in  burden  will  not  be 
charged. 

Collectors  may  receive  port  warden's,  health  officer's,  and  harbor  master's  fees 
where  it  is  a  matter  of  convenience  to  all  parties  concerned. 

The  term  "  legal  fees."  used  in  section  4206,  Revised  Statutes,  does  not  embrace 
pilotage,  iialf -pilotage,  or  similar  local  charges. 

Masters  of  passenger  vessels  from  foreign  territory  not  contiguous  to  the 
United  States  are  required  to  pay,  within  twenty-four  hours  from  entry,  to 
the  collector  of  customs  at  the  port  of  arrival,  $10  for  each  passenger  over 
8  years  of  age  (not  being  a  cabin  passenger),  who  shall  have  died  of 
natural  disease  during  the  voyage. 

Permits  are  not  required  on  the  northern  frontier  to  unlade  cargo  brought  from 
an  American  port;  but  permits  must  be  obtained,  and  existing  laws  com- 
plied with,  previous  to  the  discharge  or  landing  of  passengers,  baggage, 
goods,  wares,  or  merchandise  brought  from  foreign  ports  or  places. 

Canadian  steamers  trading  on  the  northern  frontiers  from  one  foreign  port  to 
another,  and  touching  during  the  course  of  such  voyage  at  a  port  or  place 
in  the  United  States,  and  landing  passengers,  baggage,  or  freight  are 
required  to  report. 

Enrolled  or  licensed  vessels  upon  the  frontiers  departing  from  or  arriving  at  a 
port  in  one  collection  district  to  or  from  a  port  in  another  collection  dis- 
trict, although  touching  at  an  intermediate  foreign  port,  are  exempted  from 
payment  of  the  entrance  and  clearance  fees  of  fifty  cents  each,  and  from 
the  payment  of  tonnage  tax,  but  in  all  such  cases  an  entry  or  clearance 
must  be  made,  and  fees  be  paid  of  ten  cents  for  certification  of  manifest  and 
permit  to  go  from  district  to  district,  and  ten  cents  for  receiving  manifest. 

Vessels  used  exclusively  as  ferry-boats,  however  laden,  will  not  be  required  to 
enter  or  clear,  nor  will  the  masters  or  persons  in  charge  of  such  boats  be 
required  to  present  manifests  or  to  pay  entrance  or  clearance  fees,  or  fees 
for  receiving  or  certifying  manifests ;  but  such  masters  or  other  persons 
will  be  required  to  report  to  the  proper  officer  of  the  customs  in  each 
instance,  and  to  apprise  him  of  any  baggage,  goods,  wares,  or  merchandise 
which  may  have  been  imported  in  such  boats  from  any  foreign  territory. 


488  NAVIGATION   LAWS   OF    THE   UNITED    STATES. 

Collectors  on  the  northern,  northeastern,  and  northwestern  frontiers  are  author- 
ized to  keep  on  sale,  at  their  several  offices,  blank  manifests  and  clearances, 
and  to  charge  therefor  the  sum  of  10  cents  for  each  blank,  and  no  more.' 
But  this  does  not  prohibit  private  persons  from  furnishing  their  own  blanks, 
if  said  blanks  are  in  accordance  with  law  and  regulations. 

Collectors,  naval  officers,  and  surveyors  are  required  to  have  posted  in  a  public 
place  in  their  offices  a  fair  table  of  the  fees  demandable  by  law  at  their 
ports,  subject  at  all  times  to  inspection,  and  to  give  receipts  for  fees  col- 
lected, specifying  the  particulars,  whenever  required  to  do  so.  Failure  to 
observe  these  requirements  entails  a  penalty  of  $100  for  the  benefit  of  the 
informer. 


Part  XL VIII.— customs  DISTRICTS,  PORTS,  AND  SUB- 
PORTS. 


470.   Customs    districts   and    ports    of  I  471,   Power    to    designate    ports    and 
entry  and  delivery.  I  siibports. 

470.    Customs  districts  and  ports  of  entry  and  delivery. 


Districts. 


MAINE. 


Aroostook 

Passamaquoddy. 


Macliias 

Frenehmans  Bay 


Castine. 


Bangor. 


Belfast. 


Waldoboro. 


Wiscasset. 
Bath 


Portland  and  Falmouth. 


Saco 

Kennebunk 

York 

NEW  HAMPSHIRE. 

Portsmouth 


Ports  of  entry. 


Houlton. 

Eastport. 

Calais,  subport  of  entry. 

Machias. 


Ellsworth. . . -  - 

Mount  Desert  Ferry,  subport  of  entry. 


Castine. 


Bangor 

Lowelltown,  subport  of  entry. 
Vanceboro,  subport  of  entry. 


Belfast 

Vinalhaven,  subport  of  entry. 


Waldoboro 

Rockland,  subport  of  entry. 


Wiscasset. 
Bath 


Portland. 


Kennebunk. 
York. 


Portsmouth. 


Ports  of  delivery. 


Pembroke. 
Robbinston. 


Union  River. 


Bluehill. 
Bucksport. 
Deer  Island. 

Frankfort. 
Hampden. 


Camden. 
North  Haven, 
Prospect. 
Rockport. 

Bristol. 

Gushing. 

Damariscotta. 

St.  George. 

Thomaston. 

Warren. 

Alna. 
Boothbay. 

Bowdoinham. 

Gardiner. 

Georgetown. 

Hallowell. 

Pittston. 

Richmond. 

Brunswick. 
Freeport. 
Harpswell. 
North  Yai-mouth. 

Scarboro. 

Kennebunk  Port. 
Wells. 


Berwick. 
Dover. 
Exeter. 
Kittery,  Me. 
Newcastle. 


489 


490 


NAVIGATION   LAWS    OF    THE   UNITED   STATES. 


Districts. 

Ports  of  entry. 

Ports  of  dehvery. 

VERMONT. 

Burlington. 

Alburg,  subport  of  entry. 
East  Alburg,  subport  of  entry. 
Franklin,  sul)port  of  entry. 
Highgate,  subport  of  entry. 
Riehford,  subport  of  entry. 
St.  Albans,  suljport  of  entry. 
Swanton,  subport  of  entry. 
West  Berkshire,  subport  of  entry. 
Windmill  Point,  subport  of  entry. 

Ne^^-port. 

Beecher  Falls,  subport  of  entry. 
Canaan,  subport  of  entry. 
Derbvline,  subport  of  eiitrv. 
Island  Pond,  subport  of  entry. 
North  Troy,  subport  of  entry. 

MASSACHL'SETTS. 

Amesbury. 

Gloucester 

Gloucester 

TTaverhill. 
Iixswich. 
Newbury. 
Salisbury. 

Manchester. 

Salem  and  Beverly 

Salem 

Rockport. 
Danvers. 

Marblehead 

Lynn. 

Cambridge. 

Cohasset. 

Dorchester. 

Hingham. 

Medford. 

Roxbnry. 

Wejmiouth. 

Worcester. 

Duxbury. 
Kingston. 
Marshfield. 
Scituate. 

Bourne. 

Boston  and  Charlestown 

Boston 

Plymouth 

Barnstable 

Barnstable 

Nantucket 

Nantucket. 
Edgartown. 
New  Bedford.. 

Chatham. 

Dennis. 

Falmouth. 

Harwich. 

Provincetown. 

Sandwich. 

Wellfleet. 

Edgartown 

New  Bedford 

Fall  River 

Fall  River 

Wareham. 
Westport. 

Berkley. 

Freetown. 

Somerset. 

Swansea. 

Taunton. 

North  Kinf^ston 

RHODE  ISLAND. 

Newport 

Newport. 

Bristol  and  Warren 

Bristol  and  Warren 

Tiverton. 
Barrington. 

Providence 

Providence 

CONNECTICUT. 

Stonington 

Stonington. 

Pawtuxet. 
Pawcatuek  River, 

New  London 

New  London 

Ljaue. 
Norwich. 

1  In  charge  of  a  deputy  collector,  who  reports  to  the  collector  of  customs  at  Boston. 


PART   XL VIII. CUSTOMS   DISTRICTS,   PORTS,   AND    SUBPORTS.    491 


Districts. 

Ports  of  entry. 

Ports  of  delivery. 

CONNECTICUT— continued. 

Hartford 

Chatham. 

New  Haven 

Chester. 

Clinton. 

Cromwell. 

East  Haddara. 

East  Hartford. 

Enfield. 

Es.sex. 

Glastonbury. 

Haddam. 

Middletown. 

Old  Saybrook. 

Portland. 

Rockyhill. 

Saybrook. 

South  Manchester. 

Springfield,  Mass. 

Vernon  (Rockville). 

Westbrook. 

Wethersfield. 

Branford. 

Bridgeport 

Derby. 

Guilford. 

Milford. 

Greenwich. 

Norwalk,  subp 
Stamford,  subj 

Sag  Harbor. .. 

Stratford. 

NEW  YORK. 

Sag  Harbor 

)ort  of  entry. 

Greenport. 

City  of  New  York 

New  York 

Albany. 

Jersev  Citv                                 w 

Coldspring. 

Plattsburg 

Esopus. 

Hudson. 

Kinderhook. 

New  Windsor. 

Newburgh. 

Patchogue. 

Port  Jefferson. 

Poughkeepsie. 

Rhinebeck  Landing. 

Troy. 

Fort  Covington. 

Malone,  subpo 
Rouses  Point, 

Ogdensburg. 

Cape  Vincent. 

Oswego 

Whitehall. 

Oswegatchle             

subport  of  entry. 

Cape  Vincent 

Utica. 

Syracuse. 

River  Genesee  (Rochester). 

Niagara  Falls. 

Buffalo. 

Dunkirk 

Niagara                 

Buffalo  Creek 

Dunkirk 

Barcelona. 

NEW  JERSEY. 

Newark 

Cattaraugus  Creek. 
Silvercreek. 

Elizabeth. 

Pprth  Ambnv 

Perth  Amboy. 
Tuckerton. 
Somers  Point. 
Bridgeton 

Middletown  Point. 

Little  Egg  Harbor 

New  Brunswick. 

Port  Elizabeth. 

Burlington 

Burlington. . . 

Salem. 
Trenton. 

492 


NAVIGATION   LAWS    OF   THE   UNITED   STATES. 


Districts. 


Ports  of  entry. 


Ports  of  delivery. 


PENNSYLVANIA. 

Philadelphia 


Erie 

Pittsburg 


DELAWARE. 


Delaware. 


Eastern... 
Baltimore. 

Annapolis' 


DISTRICT  OF  COLUMBIA. 

Georgetown 

VIRGINIA. 

Cherrystone 


Alexandria 

Tappahannock. 


Newport  News 

Norfolk  and  Portsmouth . 

Petersburg 

Richmond 

NORTH  CAROLINA. 

Albemarle 


Pamlico , 

Beaufort 

Wilmington 

SOUTH  CAROUNA. 

Georgetown 

Charleston 

Beaufort 

GEORGU. 

Savannah 

Brunswick 


St.  Marys 

Port  of  delivery 

FLORIDA. 

Femandina 

Jacksonville 


Philadelphia 

Chester,  subport  of  entry. 


Erie 

Pittsburg. 


Wilmington 

Lewes,  subport  of  riitry. 
Seaford,  subport  of  entry 


Crisfield... 
Baltimore. 


Annapolis. 


Wasliington. 


Cape  Charles  City  (Eastville). 


Alexandria 

Tappahannock. 


Newport  News , 

Norfolk  and  Portsmouth . 
Petersburg  to  City  Point. 


Richmond. 

Westpoint,  subport  of  entry. 


Elizabeth  City. 

Manteo,  subport  of  entry. 


Newbern..... 

Beaufort. 

Wilmington. 

Georgetown. 

Charleston. 

Beaufort. 


Savannah.. 
Brunswick. 

St.  Marys. 


Femandina. 
Jacksonville. 


Camden,  N.  J. 


Corry. 
TitusvUle. 


Delaware  City. 
Newcastle. 
Port  Perm. 

Salisbury. 

Cambridge. 

Easton. 

Havre  de  Grace. 

Benedict. 
Cedar  Point. 
Lower  Marlboro. 
Nottingham. 
St.  Marj^s. 
Towncreek. 


Folly  Landing. 
Snow  Hill. 

Potomac. 

Fredericksburg. 
Port  Royal. 
Yeocomico. 

Yorktown. 

Smithfield. 
Suffolk. 


Durham. 


Augusta. 

Darien. 
Frederica. 


Atlanta. 


'In  charge  of  a  deputy  collector,  who  reports  through  the  collector  of  customs  at  Baltimore. 


PART   XLVIII. CUSTOMS   DISTEICTS,   POETS,   AND    SUBPORTS.    493 


Districts. 

Ports  of  entry. 

Ports  of  delivery. 

FLORIDA -continued. 

St.Augustine 

Key  West               

St.  Augustine. 

Key  West. 

Knights  Key,  subport  of  entry. 
Miami,  subport  of  entry. 
Pahn  Beach,  subport  of  entry, 
Punta  Gorda,  subport  of  entry. 

Tampa. 

Port  Tampa,  subport  of  entry. 

Tampa       

St  Marks 

Magnolia. 

Ocala. 

Apalachicola...  

Apalachicola. 

Carrabelle,  subport  of  entry  and  delivery. 

Pensacola. 

St.  Andrews,  subport  of  entry. 

Mobile    .         

St.  Marks. 

ALABAMA. 

Mobile 

Montgomery. 

MISSISSIPPI. 

Birmingham,  subport  of  entry. 

Gulfport 

Horn  Island. 

Roranton  subnort  of  entry           

Ship  Island. 

Natchez 

Natchez 

Vicksburg. 

New  Orleans 

Grand  Gulf. 

Vicksburg 

LOUISIANA. 
N«»w  Orlp.ans 

Burlington,  Iowa. 

Chattanooga,  Tenn. 

Teche               

Brashear  (Morgan  City). 
Calcasieu  Pass,  subport  of  entry. 

Galveston 

Cincinnati.  Ohio. 
Council  Bluffs,  Iowa. 
Davton,  Ohio. 
Dubuque,  Iowa. 
Evansville,  Ind. 
Kansas  City,  Mo. 
Knoxville,  Tenn. 
La  Crosse,  Wis. 
Leavenworth,  Kans. 
Lincoln,  Nebr. 
Louisville,  Ky. 
Memphis,  Tenn. 
Omaha,  Nebr. 
Paducah,  Ky. 
Portsmouth,  Ohio. 
St.  Joseph,  Mo. 
St.  Louis,  Mo. 
Shreveport,  I^a. 
Sioux  City,  Iowa. 
Wheeling,  W.  Va. 

TEXAS. 
Oalvpst.on 

Houston. 

Texas  City,  subport  of  entry. 
Velasco,  subport  of  entry. 

Copano. 

Corpus  Christ! 

Corpus  Christi. 

Aransas,  subport  of  entry. 

Laredo,  subport  of  entry. 

Brownsville. 

El  Paso. 

Port  Arthur. 

Sabine,  subport  of  entry. 

San  Diego. 

Los  Angeles. 

Redondo  Beach,  subport  of  entry. 
San  Pedro,  subport  of  entry. 
Santa  Barbara,  subport  of  entry. 

Lavaca. 
Matagorda. 
San  Antonio. 

Paso  del  Norte. 

Sabine 

CALIFORNIA. 
Ran  Diepo                    .        ... 

494 


NAVIGATION   LAWS   OF    THE   UNITED   STATES. 


Districts. 

Ports  of  entry. 

Ports  of  deliyery. 

CALIFORNIA— continued. 

Ran  T?raTipisp,o                 .   .    

San  Francisco 

San  Luis  Obispo. 

kjau  A  1  aixKtiijK/Vm  .••■•••••••■•-• 

Monterey  subport  of  entry 

Vallejo. 

Oakland',  subport  of  entry. 

Port  Harford,  subport  of  entry. 

Tinmhnlfit 

Eureka 

Crescent  City. 

OREGON  AND  WASHIXGTON. 

Coos  Bav............ . •••••-• 

Coos  Bay  (Empire  City) 

Ellensburg. 
Gardiner. 

Port  Orford. 

"Vo  nil  inn 

Yaquina 

Newport. 

Astoria 

Astoria. 

Portland. 

Port  Townsend. 

Portland 

Puget  Sound 

Aberdeen,  subport  of  entry. 

Anacortes,  subport  of  entry. 

Bellingham,  subport  of  entry. 

Blaine,  subport  of  entry. 

Chopaka,  subport  of  eritry. 

Danyille,  subport  of  entry. 

Eyerett,  subport  of  entry. 

Ferry,  subport  of  entry. 

Friday  Harbor,  subport  of  entry. 

Laurier,  subport  of  entry. 

Lyuden,  subport  of  entry. 

Molson,  subport  of  entry. 

Northport.  subport  of  entry. 

Oroyille,  subport  of  entry. 

Port  Angeles,  subport  of  "entry. 

Roche  Harbor,  subport  of  entry. 

Seattle,  subport  of  entry. 

South  Bend,  subport  of  entry. 

Spokane,  subport  of  entry. 

Sumas,  subport  of  entry. 

Tacoina,  subport  of  entry. 

ALASKA. 

Alaska 

Juneau. 

Cordoya,  subport  of  entry. 

Eagle,  subport  of  entry. 

Ketchikan,  subport  of  entry. 

Nome,  subport  of  entry. 

St.  Michael,  subport  of  entry. 

Skagyvay,  subport  of  entry. 

Sulzer,  subport  of  entry. 

Tyee,  subport  of  entry. 

Unalaska,  subport  of  entry. 

Valdez,  subport  of  entry. ' 

Wrangel,  subport  of  entry. 

MONTANA  AND  IDAHO. 

Montana  and  Idaho 

Great  Falls,  Mont 

t:  onners  Ferry 

Eastport,  Idaho,  subport  of  entry. 

MINNESOTA. 

Minnesota 

St.  Paul. 

Minneapolis,  subport  of  entry. 
Ranier,  subport  of  entry. 
St.  Vincent,  subport  of  entry. 

Puluth 

Duluth. 

"SnSCONSIN. 

Milwaukee 

Milwaukee 

Depere. 
Green  Bay. 

Kenosha. 

Racine. 

MICHIGAN. 

Sheboygan. 

Michigan 

Grand  Hayen 

Cheboygan. 
Ludington. 

Petoskey,  subport  of  entry. 

Manistee. 

Huron 

Port  Huron 

Saginaw. 

PART   XLVIII. CUSTOMS    DISTRICTS,   PORTS,    AND    SUBPORTS.    495 


Districts. 


Ports  of  entry. 


Ports  of  delivery. 


MICHIGAN— con  t  in  u  cd . 


Detroit.. 
Superior . 


Detroit. 


Marquette 

Ashland,  subport  of  entry. . . 
Gladstone,  subport  of  entry. 
Superior,  subport  of  entry. 


Port  of  delivery 

INDIANA  AND  ILLINOIS. 

Chicago 


Chicago. 


INDIANA. 

Port  of  delivery 

OHIO. 


Miami 

Sandusky. 
Cuyahoga. 


Port  of  dehvery 

COLORADO. 

Ports  of  delivery  — 


Arizona. 


NORTH   AND   SOUTH   DAKOTA. 

North  and  South  Dakota — 

TENNESSEE. 

Port  of  delivery 

IOWA. 

Port  of  delivery .• 

UTAH. 

Pbrt  of  delivery 

HAWAHAN  ISLANDS. 

Hawaii 


PORTO  RICO. 

Porto  Rico 


Toledo. 

Sandusky. 


Cleveland 

Conneaut,  subport  of  entr^ 


Nogales. 

Douglas,  subport  of  entry. 

Naco,  suljport  of  entry. 


Pembina.  N.  Dak 

Portal,  N.  Dak.,  subport  of  entry. 


Honolulu 

Hilo,  subport  of  entry. 
Kahului,  subport  of  entry. 
Koloa,  Kauai,  subport  of  entry. 
Mahukona,  subport  of  entry. 


San  Juan. 

Aguadilla,  subport  of  entry 
Arecibo,  subport  of  entry. 
Arroyo,  subport  of  entry. 
Fajardo,  subport  of  entry. 
Guanica,  subport  of  entry. 
Humacao,  subport  of  entry 
Mayaguez,  subport  of  entry. 
PoncR.  subport  of  entry. 


Macki-naw. 
Sault  Ste.  Marie. 


Grand  Rapids. 


Cairo,  111. 
Coal  City. 
Galena. 
Michigan  City. 
Peoria. 
Rook  Island. 
Waukegan. 


Indianapolis. 

Fairport. 
Columbus. 


Denver. 
Durango. 
Leadville. 
Pueblo. 


Sioux  Falls,  S.  Dak. 
Nashville,  Tenn. 
Des  Moines,  Iowa. 
Salt  Lake  City. 


496 


NAVIGATION   LAWS   OF   THE   UNITED   STATES. 


Ports  at  which  merchandise  may  be  entered  for  transportation  to  other  ports   without 
appraisement  under  the  act  of  June  lo,  1880. 


Alburg,  Vt. 
Astoria,  Oreg. 
Baltimore,  Aid. 
Bangor,  Me. 
Bath,  Me. 
Beecher  Falls,  Vt. 
Blaine,  Wash. 
Boston.  Mass. 
Brunswick,  Ga. 
Buffalo,  N.  Y. 
Burlington,  Vt. 
Calais,  Me. 
Charleston,  S.  C. 
Chicago.  111. 
Cleveland,  Ohio. 
Detroit,  Mich. 
Duluth,  Minn. 
Eagle  Pass,  Tex. 


Eastport,Idaho. 
Eastport,  Me. 
El  Paso,  Tex. 
Everett,  Wash. 
Fernandina,  Fla. 
Galveston,  Tex. 
Gladstone,  Mich. 
Honolulu,  T.  H. 
Island  Pond,  Vt. 
Key  West,   Fla. 
Knights  Key,  Fla. 
Laredo,  Tex. 
Los  Angeles.  Cal. 
Malone.  N.  Y. 
Marquette,  Mich. 
Miami,  Fla. 
Milwaukee,  Wis. 
Mobile,  Ala. 


New  London,  Conn. 
New  Orleans,  La. 
Newport,  Vt. 
Newport  News,  Va. 
New  York,  N.  Y. 
Niagara  Falls,  N.  Y. 
Nogales,  Ariz. 
Norfolk,  Va. 
Ogdensburg,  N.  Y. 
Ponsacola,  Fla. 
Philadelphia.  Pa. 
Port  Arthur,  Tex. 
Port  Huron,  Mich. 
Portal,  N.  Dak. 
Portland,  Me. 
Portland,  Oreg. 
Port  Townsend,  Wash. 
Ranier,  Minn. 


Ports  to  which  merchandise  may   be  transported  without  appraise 

June  10,  1880. 

Albany,  N.  Y. 
Astoria,  Oreg. 
Atlanta,  Ga. 
Baltimore,  Md. 
Bangor,  Me. 
Bath,  Me. 
Bellingham.  Wash. 
Birmingham,  Ala. 
Boston,  Mass. 
Bridgeport,  Conn. 
Buffalo,  N.  Y. 
Burlington,  Vt. 
Calais,  Me. 
Charleston,  S.  C. 
Chattanooga,  Tcnn. 
Chicago,  111. 
Cincinnati.  Ohio, 
Cleveland,  Ohio. 
Coal  City,  111. 
Columlius,  Ohio. 
Corry,  Pa. 

Council  Bluffs.  Iowa. 
Dayton,  Ohio. 
Denver,  Colo. 
Des  Moines.  Iowa. 
Detroit,  Mich, 
Dubuque,  Iowa. 
Duluth,  Minn. 
Dunkirk,  N.  Y. 
Durango,  Colo. 
Durham,  N.  C. 
Eagle  Pass,  Tex. 
Eastport,  Me, 


Richford,  Vt. 
Rochester,  N.  Y. 
Rouses  Point,  N.  Y. 
St.  Albans.  Vt. 
St.  Vincent,  Minn. 
San  Diego,  Cal. 
San  Francisco.  Cal. 
Sault  Ste.  Marie,  Mich. 
Savannah,  Ga. 
Seattle,  Wash. 
Sioux  City.  Iowa. 
Sumas,  Wash. 
Tacoma,  Wash. 
Tampa,  Fla. 
Texas  Citv.  Tex. 
Toledo,  Ohio. 
Vanceboro.  Mo. 
Wilmington,  N.  C. 

ment  under  the  act  of 


El  Paso,  Tex, 
Enfield,  Conn. 
Erie,  Pa. 
Evansville,  Ind. 
Everett,  Wash. 
Fall  River,  Mass. 
Galveston,  Tex. 
Gladstone.  Mich. 
Gloucester.  Mass. 
Grand  Haven,  Mich. 
Grand  Rapids.  Mich. 
Green  Bay,  Wis. 
Greenwich,  Conn. 
Hartford,  Conn. 
Honolulu,  Hawaii. 
Houston,  Tex. 
Indianapolis,  Ind. 
Jacksonville,  Fla. 
Kansas  City,  Mo, 
Key  West,  Fla. 
Knoxville.  Tenn. 
I>aredo,  Tex. 
I.eadville,  Colo, 
I>incoln,  Nebr. 
Los  An.-ieles.  Cal. 
Louisville,  Ky. 
MaiMpiette.  Mich. 
:M<'nip!iis,  Tenn. 
Mid(ll'>town.  Conn. 
Milwaukee,  Wis. 
Minneapolis,  Minn. 
Mobile,  Ala. 
Nashville,  Tenn. 


Newark,  N.  J. 
New  Bedford.  Mass. 
New  Haven,  Conn. 
New  Orleans,  La. 
Newport.  R.  I. 
Newport  Ni-ws.  Va. 
New  York,  N.  Y. 
Niagara  Falls,  N.  Y'', 
Noaales,  Ariz. 
Norfolk,  Va. 
Norwalk,  Conn. 
Oakland.  Cal. 
Ocala,  Fla. 
Ogdensburg.  N.  Y. 
Omaha,  Nebr. 
Peoria,  111. 
Petersburs;,  Va, 
Petosk(>y,  Mich. 
Pliiladelphia,  Pa, 
I'ittsburg,  Pa. 
Port  Arthur,  Tex. 
I'ort  Huron.  Mich. 
Portland,  Me. 
Portland,  Oreg. 
Portsmouth.  N.  II. 
Port  Townsend.  Wash, 
Providence.  R.  I. 
Pueblo,  Colo. 
Richmond,  Va. 
Rochester,  N.  Y. 
St.  Auyustine,  Fla. 
St.  .Joseph,  Mo. 
St.  Louis,  Mo. 


St.  Paul,  Minn. 
Sabine  Pass.  Tex. 
Saginaw,  Mich. 
Salt  Lake  City,  Utah. 
San  Antonio,  Tex. 
San  Dies^o,  Cal. 
Sandusky,  Ohio. 
San  Francisco,  Cal. 
Sault  Ste.  Marie,  Mich. 
Savannah,  (Ja. 
Seattle,  Wash. 
Sioux  City,  Iowa. 
South  Manchester 

Conn. 
Spokane,  Wash. 
Sririnufield,  Alass. 
Stamford.  Conn. 
Sujterior,  Wis. 
Syracuse,  N.  Y. 
Tacoma.  Wash. 
Tampa.  Fla. 
Tifusville,  Pa. 
Toledo,  Ohio. 
Utica,  N,  Y. 
Vanceboro,  Me. 
Vernon         (Rockville), 

Conn. 
Washington,  D.  C. 
Wilmington,  Del. 
Wilmington.  N.  C. 
Worcester,  Mass. 


List  of  ports  at  which  bonded  warehouses  are  established. 


Apalachicola,  Fla. 
Atlanta.  Ga. 
Baltimore,  Md. 
Bangor,  Me. 
Bath,  Me. 
Belfast.  Me. 
Bonners  Ferry,  Mont. 
Boothbay,  Me. 
Boston,  Mass, 
Bridgeport,  Conn. 
Brownsville,  Tex, 
Buffalo,  N.  Y. 
Burlington,  Vt. 
Cape  Vincent,  N.  Y''. 
Castine,  Me. 
Chattanooga,  Tenn. 
Chicago,  111. 
Cincinnati,  Ohio. 
Denver,  Colo. 
Detroit,  Mich. 
Duluth,  Minn. 
Durham,  N.  C. 
Eagle  Pass,  Tex. 


Eastport,  Me, 
El  Paso,  Tex. 
Erie,  Pa. 
Evansville,  Ind. 
Everett,  Wash. 
Fall  River,  Mass, 
Galveston,  Tex, 
Gloucester,  Mass. 
Grand  Rapids.  Mich. 
(ivoiit  Falls.  :\Iont. 
Green  Bay,  Wis. 
Hartford.' Conn. 
Honolulu,  Hawaii. 
Indianapolis,  Ind. 
Kansas  Citv.  Mo. 
Key  West.  Fla. 
Laredo,  Tex. 
liincoln.  Nebr. 
Los  Angeles.  Cal. 
Louisville.  Ky. 
Minneapolis.  Minn. 
New  Haven. Conn. 
New  London,  Conn. 


New  Orleans,  La. 
Newport  News,  Va. 
Newark.  N.  .1. 
New  York.  N.  Y. 
Niagara  Falls,  N.  Y. 
Nogales.  Ariz. 
Ogdensburs.  N.  Y. 
Omaha,  Nebr. 
Oswego,  N.  Y. 
Ponsacola,  Fla. 
Perth  Amboy.  N.  J. 
Petersburg,  Va. 
I'hiladelphia,  Pa. 
Pittsburg.  Pa. 
Plattsburg,  N.  Y. 
Port  Huron,  Mich. 
Portland.  Me. 
Portland,  Oreg. 
Portsmouth,  N.  H. 
Port  Townsend,  Wash. 
Providence,  R.  I. 
Provincetown,  Mass. 
Richmond,  Va. 


Rochester,  N.  Y. 
St.  .Toseph,  Mo. 
St.  Louis,  Mo. 
St.  Michael.  Alaska. 
St.  Paul,  Minn. 
Saiiinaw,  Mich. 
Salem,  Mass. 
San  Diego,  Cal. 
San  Francisco.  Cal. 
San  .Tuan,  P.  R. 
Savannah,  Ga. 
Seattle,  Wash. 
Sioux  City,  Iowa. 
Skagway,  Alaska. 
Spokane,  Wash. 
Syracuse,  N.  Y. 
Tacoma,  Wash. 
Tampa,  Fla. 
Toledo,  Ohio. 
Utica,  N.  Y. 


PAET   XLVIII. CUSTOMS    DISTRICTS,   PORTS,    AND    SUBPORTS.    497 

List  of  ports  where  the  custom-house  premises  are  used  for  the  storage  of  imported  goods 

in  bond. 

Albanv,  N.  Y.  Columbus,  Ohio.  Milwaukee,  Wis.  Sandusky,  Ohio. 

Aguadilla,  P.  B.  Fajardo,  P.  R.  Nashville,  Tenn.  San  Juan,  P.  R. 

Arecibo,  P.  R.  Humacao.  P.  R.  Norfolk,  Va.  Springfield,  Mass. 

Arroyo,  P.  R.  .Jacksonville,  Fla.  Peoria,  III.  Washington,     D.     C. 

Bangor,  Me.  Marquette,  Mich.  Ponce,  P.  R.  (Georgetown). 

Charleston,  S.  C.  Mayaguez,  P.  R.  Providence,  R.  I.  Wilmington,  Del. 

Cleveland,  Ohio.  Memphis,  Tenn.  St.  Augustine,  Fla. 

471.  Power  to  designate  ports  and  snbports. 

Such  other  places  [in  Alaska]  as  may  be  designated  by  ^*^-  ^^'  ^^^^• 
the  Secretary  of  the  Treasiii-y,  as  the  interests  of  com- 
merce may  require,  shall  be  subports  of  entry  or  delivery 
or  both;  and  customs  officers  shall  be  stationed  at  such 
subports,  with  authority  to  enter  and  clear  vessels,  receive 
duties,  fees,  and  other  moneys,  and  perform  such  other 
services  and  receive  such  compensation  as  in  the  judg-  Feb.  i4, 1903. 
ment  of  the  Secretary  of  the  Treasury  the  exigencies  of  ^^^'  ^^• 
commerce  may  require. 

Such  other  places  in  the  State  of  Colorado  as  the  Sec-  May  22,  isoe. 
retary  of  the  Treasury  may  designate  from  time  to  time  ^^^'  ' 
shall  be  ports  of  delivery,  with  all  the  privileges  now 
accorded  by  law  to  the  port  of  Denver,  Colorado,  the  sur- 
veyor of  customs  of  which  port  shall  supervise  the  cus- 
toms business  transacted  at  such  places  in  the  same  man- 
ner and  to  the  same  extent  as  at  Denver. 

Such  places  in  the  collection  districts  in  the  State  of  June  10, 1896. 
Florida  as  the  Secretary  of  the  Treasury  may  from  time  to 
time  designate  shall  be  subports  of  entry  and  delivery, 
and  customs  officers  shall  be  stationed  at  such  subports, 
with  authority  to  enter  and  clear  vessels,  receive  duties,  ^^^'}^'  ^^^^• 
fees,  and  other  moneys,  and  perform  such  other  services 
and  receive  such  compensation  as,  in  the  judgment  of  the 
Secretary  of  the  Treasury,  the  exigencies  of  commerce 
may  require. 

Such  other  ports  as  the  Secretary  of  the  Treasury  shall  Aug.^28, 1890. 
from  time  to  time  designate  shall  be  subports  of  entry  |eb.^i4,  i903. 
[Puget  Sound]  and  customs  officers  shall  be,  &c.,  &c.  sec.  10.' 

Such  places  in  the  customs  district  of  the  Territory  of  Mar.  3,'i90i. 
Hawaii  as  the  Secretary  of  the  Treasuiy  may  from  time 
to  time  designate  shall  be  subports  of  entry  and  delivery, 
and  customs  officers  shall  be  stationed  at  such  subports 
with  authority  to  enter  and  clear  vessels,  receive  duties,  gee' 10^' ''"^^^' 
fees,  and  other  moneys,  and  perform  such  other  services 
and  receive  such  compensation  as  in  the  judgment  of  the 
Secretary  of  the  Treasury  the  exigencies  of  commerce 
may  require:  Provided,  however,  That  the  Secretary  of 
the  Treasury  be,  and  he  is  hereby,  authorized  and  em- 
powered to  discontinue  such  subports  of  entry  or  delivery 
Avhenever  in  his  judgment  there  is  necessity  for  such 
action. 

The  Secretary  of  the  Treasuiy  shall  designate  the  sev-  g^^' ^^'  ^^^^' 
eral  ports  and  subports  of  entry  in  Porto  Kico  and  shall 
96694°— 11 32 


Sec.  10. 


498  XA^IGATIOX   LAWS   OF    THE   TXITED    STATES. 

make  such  rules  and  regulations  and  appoint  such  agents 
as  maybe  necessary  to  collect  the  duties  and  taxes  author- 

Feb.  14, 1903.  j^^^j  {q  ]jq  levied,  collected,  and  paid  in  Porto  Eico  by 

Sec.  10.  ^^^  provisions  of  this  Act,  and  he  shall  fix  the  compensa- 

tion and  provide  for  the  payment  thereof  of  all  such  offi- 
cers, agents  and  assistants  as  he  may  find  it  necessary  to 
employ  to  carry  out  the  provisions  hereof.     "     "^     '•' 

Mav  23.  1908.  Monterey  and  Port  Harford,  in  the  State  of  California, 
are  hereby  made  subports  of  entry  in  the  di-trict  uf  San 
Francisco,  and  the  necessary  customs  officers  may.  in  the 
discretion  of  the  Secretary  of  the  Treasury,  be  stationed 
at  each  of  said  subports  with  authority  to  enter  and  clear 
vessels,  receive  duties,  fees,  and  other  moneys,  and  per- 
form such  other  services  as,  in  his  judgment,  the  interest 
of  commerce  may  require,  and  said  officers  shall  receive 
such  compensation  as  he  may  allow. 

Sec.  2.  jj3^  ]je^  Qf  stationing  deputy  collectors  or  other  customs 

officei-s  permanently  at  either  of  said  subports.  in  said  dis- 
trict, the  Secretary  of  the  Treasury  may.  in  his  discretion, 
authorize  the  necessary  officers  to  be  detailed  from  time 
to  time,  from  the  port  of  entry,  or  from  another  subport 
within  such  district  to  enter  or  clear  vessels,  receive 
duties,  fees,  or  other  moneys,  and  perform  such  other 
services  as.  in  his  judgment,  the  interests  of  commerce 
may  rec|uire. 

Apr.  2..  lyio.  Baton  Eouge.  in  the  State  of  Louisiana,  is  hereby  made 
a  subport  of  entry  in  the  district  of  Xew  Orleans,  and 
the  necessary  customs  officers  stationed  at  said  port  may, 
in  the  discretion  of  the  Secretary  of  the  Treasury,  enter 
and  clear  vessels,  receive  duties,  fees,  and  other  moneys, 
and  perform  such  other  service  as,  in  his  judgment,  the 
interest  of  commerce  may  require. 

Mar.  3,  1911,  Saint  Andrews,  in  the  State  of  Florida,  is  hereby  made 
a  subport  of  entry  in  the  district  of  Pensacola.  and  the 
necessary  customs  officers,  may,  in  the  discretion  of  the 
Secretary  of  the  Treasury,  be  stationed  at  said  subport 
with  authority  to  enter  and  clear  vessels,  receive  duties, 
fees,  and  other  moneys,  and  perform  such  other  services 
as,  in  his  judgment,  the  interest  of  commerce  may  require, 
and  said  officers  shall  receive  such  compensation  as  he  may 
allow. 


Part  XLIX.— CONSULATES  OF  THE  UNITED  STATES. 


472.   Consulates  of  the  United  States. 


Aberdeen,  Scotland. 

Acapulco,  Mexico. 

Adelaide,  Australia. 

Aden,  Arabia. 

Adis  Ababa,  Abyssinia. 

Aguascalientes,    Mex- 
ico. 

Aix  la  Chapelle,  Ger- 
many. 

Alamos,  Mexico. 

Albert    Town,     West 
Indies. 

Aleppo,  Syria. 

Alexandretta,  Syria. 

Alexandria,  Egypt. 

Algiers,  Algeria. 

Alicante,  Spain. 

Almeria,  Spain. 

Amapala,  Honduras. 

Amiens,  France. 

Amoy,  China. 

Amsterdam,      Nether- 
lands. 

Angers,  France. 

Annapolis  Royal,  Nova 
Scotia. 

Antilla,  Cuba. 

Antofagasta,  Chile. 

Antung,  China. 

Antwerp,  Belgium. 

Apia,  Samoa, 

Argentine  Republic. 

Arica,  Chile. 

Arnprior,  Ontario. 

Assioot,   Egypt. 

Asuncion,  Paraguay. 

Athens,  Greece, 

Auckland,    New    Zea- 
land. 

Aux  Cayes,  Haiti. 

Azua,  Dominican  Re- 
public. 

Bagdad,  Turkey. 

Bahia,  Brazil. 

Bahia    de    Caraquez, 
Ecuador. 

Bangkok,  Siam. 

Baracoa,  Cuba. 

Barbados, West  Indies. 

Barcelona,  Spain. 

Barcelona,  Venezuela. 

Bari,  Italy. 

Barmen,  Germany. 

Barranquilla,    Colom- 
bia. 

Barrington     Passage, 
Nova  Scotia. 

Basel,  Switzerland. 

Bassorah,  Turkey. 

Bastia,  Corsica, 

Batavia,  Java. 

Batum,  Russia. 

Beebe  Junction,  Que- 
bec. 

Beirut,  Syria. 

Belfast,  Ireland. 

Belgrade.  Servia. 

Belize,  Honduras. 

Bergen,  Norway. 

Berlin,  Germany, 

Berne,  Switzerland. 

Biarritz,  France. 


Bilbao,  Spain, 

Birmingham,     B  n  g  - 
land. 

Bloemfontein  Orange 

River  Colony. 
Bluefields,  Nicaragua. 

Bocas       del       Tore, 

Panama. 
Bogota,  Colombia. 

Boma,  Kongo. 

Bombay,  India. 

Bonacca,  Honduras. 

Bonaire,  West  Indies. 

Bordeaux,  France. 

Boulogne  -  sur  -  mer, 
France. 

Bradford,  England. 

Brake,   Germany. 

Brantford,  Ontario. 

Bremen,  Germany. 

Bremerhaven,       Ger- 
many. 

Breslau,  Germany. 

Brest,  France. 

Bridgewater,       Nova 
Scotia. 

Brighton,    Island    of 
Trinidad. 

Brisbane,  Queensland. 

Bristol,  England. 

Brunswick,  Germany. 

Brussels,  Belgium. 

Bucaramanga,  Colom- 
bia. 

Bucharest,  Roumania. 

Budapest,  Hungary. 

Buenos  Aires,  Argen- 
tine Republic. 

Burslem,  England. 

Cabano,  Quebec. 

Cadiz,  Spain. 

Caibarien,  Cuba. 

Cairo,  Egypt. 

Calais,  France. 

Calcutta,  India. 

Caldera,  Chile. 

Calgary,  Alberta. 

Call,  Colombia. 

Callao,  Peru. 

Campbellton,      New 
Brunswick. 

Campeche,  Mexico. 

Campobello       Island, 
New  Brunswick. 

Cananea,  Mexico. 

Canso,  Nova  Scotia. 

Canton,  China. 

Cape  Gracias  ft  Dios, 
Nicaragua. 

Cape  Haitien,  Haiti. 

Cape  Town,  Cape  of 
Good  Hope. 

Capri,  Italy, 

Caracas,  Venezuela. 

Cardenas,  Cuba. 

Cardiff,  Wales. 

Carlsbad,  Austria. 

Carrara,  Italy. 

Cartagena,  Colombia. 

Carupano,  Venezuela. 

Casa  Blanca,  Morocco. 

Cassel,  Germany. 


Catania,  Italy. 

Caudry,  France. 

Cayenne,  French 
Guiana. 

Ceara,  Brazil. 

Ceiba,  Honduras. 

Cerro  de  Pasco,  Peru. 

Cette,  France. 

Champerico,  Guate- 
mala. 


Dunkirk,  France. 
Dunmore  Town,  West 

Indies. 
Durango,  Mexico. 
Durban,  Natal. 
East  London,  Cape  of 

Good  Hope. 
Edinburgh,  Scotland. 
Edmundston,       New 

Brunswick. 


Charlottetown,  Prince  Ensenada,  Mexico. 


Edward  Island 
Chefoo,  China, 
Chemnitz,  Germany. 
Cherbourg,  France. 
Chihuahua,  Mexico. 
Chitagong,  India. 
Christchurch,      New 

Zealand. 
Christiania,  Norway. 
Christiansand,Nor\wiy.Foochow,  China 
Christiansted,  St.   Fort  Erie,  Ontario 


Erfurt,  Germany. 

Esmeraldas,  Ecuador. 

Fayal,  Azores, 

Fernie,  British 
Columbia, 

Flume,  Hungary. 

Florence,  Italy, 

Flushing,  Nether- 
lands, 


Croix  Island. 
Chungking,  China, 
Cienfuegos,  Cuba, 
Ciudad  Bolivar,  Vene 

zuela. 
Ciudad  Juarez,  Mexico,  Fredericton, 
Ciudad  Porflrio  Diaz,        Brunswick, 

Mexico.  Fremantle,  Australia. 

Coburg,  Germany,  Frontera,  Mexico. 

Cockburn    Harbor,   Gait,  Ontario. 


Fort      William,      On- 
tario. 
Frankfort,  Germany, 
Fredericksted,         St. 
Croix   Island. 

New 


West  Indies. 
Cognac,  France. 
Cologne,  Germany. 
Colombo,  Ceylon. 
Colon,  Panama. 
Constantinople,    Tur 

key. 
Cookshire,  Quebec. 


Galway,  Ireland. 
Geneva,  Switzerland. 
Genoa,  Italy. 
Georgetown,  Guiana. 
Gera.  Germany. 
Ohont,  Beltrium. 
Gibraltar,  Spain. 
Glasgow,  Scotland. 


Copenhagen,  Denmark.  Gonaives,  Haiti. 


Coquimbo,   Chile. 

Corfu,  Greece, 

Corinto,  Nicaragua. 

Cork,  Ireland, 

Cornwall,  Ontario. 

Coro,  Venezuela. 

Cornnna,   Spain. 

Cucuta,  Colombia. 

Cumlierland,  British 
Columbia, 

Curacao.  West  Indies. 

Dalny,  Manchuria. 

Damascus,  Syria, 

Danzig,  Germany. 

Dardanelles,  Turkey, 

Dawson,  Yukon  Ter- 
ritory. 

Denia,  Spain. 

Derby,  England. 

Deseranto.  Ontario, 

Dieppe,  France. 

Digby,  Nova  Scotia. 

Dijon,  France. 

Dover,  England. 

Dresden,  Germany. 

Dublin,  Ireland. 

Dundee,  Scotland. 

Dunedin,  New  Zea- 
land. 

Dunfermline,  Scot- 
land. 


Goree-Dakar.  Senegal. 

Gothenburg,  Sweden. 

Governor's  Harbor, 
Eleuthera,  West 
Indies. 

Grand  Canary, 
Canary   Islands. 

Greenock,  Scotland. 

Grenada,  West  In- 
dies. 

Grenoble,  France. 

Guadalajara,  Mexico. 

Guadeloupe,  West  In- 
dies, 

Guanajuato,  Mexico. 

Guatemala  City, 
Guatemala. 

Guayaquil,  Ecuador, 

Guaymas,  Mexico. 

Habana,  Cuba. 

Haifa,  Syria. 

Hakodate,  Japan. 

Halifax,  Nova 
Scotia. 

Hamburg,  Germany, 

Hamilton,  Bermuda. 

Hamilton.  Ontario. 

Hankow,  China. 

Hanover,  Germany. 

Harbin,  China. 

Harput,  Turkey. 

499 


600 


NAVIGATION   LAWS  OF   THE   UNITED   STATES. 


Havre,  France. 

Helsingfors,  Finland. 

Hemmingford,  Que- 
bec. 

Hermosillo,  Mexico. 

Hobart,  Tasmania. 

Hodeida,  Arabia. 

Holyhead,  Wales. 

Honda,  Colombia. 

Hongkong.  China. 

Hiuldersfield,  Eng- 
land. 

Huelva,  Spain. 

Hull,  England. 

Huntingdon,  Quebec. 

Iquique,  Chile. 

Iquitos.  Peru. 

Jacmel,  Haiti. 

Jaffa,  Syria. 

Jeremie.  Haiti. 

Jerez  de  la  Fron- 
tera,  Spain. 

Jersey,  Channel 
Islands. 

Jerusalem,  Syria. 

Johannesburg,  Trans- 
vaal. 

Karachi,  India. 

Kehl,  Germany. 

Kenora,  Ontario. 

Kidderminster,  Eng- 
land. 

Kiel,  Germany. 

Kingston,  Jamaica. 

Kingston,  Ontario. 

Kobe,  Japan. 

Konigsberg.  Germany. 

La  Guaira,  Venezuela. 

La  Paz,  Bolivia. 

La  Paz,  Mexico. 

Laguna  de  Terminos, 
Mexico. 

Leeds,  England. 

Leghorn,  Italy. 

Leicester,  England. 

Leipzig,  Germany. 

Lethbridge,  Alberta. 

Libau,  Russia. 

Liege,  Belgium. 

Lille,  France. 

Lima,  Peru. 

Limerick,  Ireland. 

Limoges,  France. 

Lisbon,  Portugal. 

Liverpool,  England. 

Liverpool,  Nova 
Scotia. 

Livingston,  Guate- 
mala. 

London,  England. 

Londonderry,  Ireland. 

Louisburg,  Nova 
Scotia. 

Lourengo  Marquez, 
East  Africa. 

Lubeck,  Germany. 

Lucerne,  Switzerland. 

Lunenburg,  Nova 
Scotia. 

Luxemburg  City, 
Luxemburg. 

Lyon,  France. 

Macassar,  Celebes. 

Maceio,  Brazil. 

Macoris,  Dominican 
Republic. 

Madras,  India. 

Madrid,  Spain. 

Magdeburg,  G  e  r  - 
many. 

Malaga,  Spain. 

Malmo.  Sweden. 

Malta,  Maltese  Islands 

Managua.  Nicaragua. 

Manaos,  Brazil. 

Manchester,  England. 

Mannheim,   Germany. 


]\ranta.  Ecuador. 

Manzanillo,  Cuba. 

Manzanillo,  Mexico. 

Maracaibo,  Venezuela. 

Maranhjio,  Brazil. 

Markneukirchen,  Ger- 
many. 

Marseille,  France. 

Martinique,  West  In- 
dies. 

Maskat.  Oman. 

Matagalpa,  Nicaragua 

Matamoros,  Mexico. 

Matanzas,  Cuba. 

Matthew  Town,  West 
Indies. 

Mazatlan,  Mexico. 

Medellin,  Colombia. 

Megantic,  Quebec. 

Melbourne,  Australia. 

Mersine,  Turkey. 

Mexico  City,  Mexico. 

Midland.  Ontario. 

Milan.  Italy. 

Mogador,  Morocco. 

Mollendo,  Peru. 

Moncton,  New  Bruns- 
wick. 

Jlonrovia,  Liberia. 

Monte  Christi,  Do- 
minican Republic. 

Montego  Bay,  Jamaica. 

Monterey,  Mexico. 

Montevideo,  Uruguay. 

Montreal,  Quebec. 

Moscow,  Russia. 

Mukden,  China. 

Munich,  Germany. 

Nagasaki,  Japan. 

Nanaimo,  British  Co- 
lumbia. 

Nanking.   China. 

Nantes,  France. 

Naples,   Italy. 

Nassau,  New  Provi- 
dence. 

Natal,  Brazil. 

Nelson,  British  Co- 
lumbia. 

Nenstadt,  Germany. 

Newcastle,  New  Bruns- 
wick. 

Newcastle,  New  South 
Wales. 

Newcastle  -  on  -  Tyne, 
England. 

Newchwang,  China. 

Niagara  Falls,  On- 
tario. 

Nice,  France. 

Nogales,  Mexico. 

North  Bay,  Nipissing. 

Nortingham,  England. 

Nueva  Gerona,  Isle 
of  Pines. 

Nuevitas,  Cuba. 

Nuevo  Laredo,  Mexico. 

Nuremberg,  Germany. 

Oaxaca,  Mexico. 

Ocos,  Guatemala. 

Odessa.  Russia. 

Omsk,  Russia. 

Oporto,  Portugal. 

Oran,  Algeria. 

Orillia,  Ontario. 

Ottawa,  Ontario. 

Owen  Sound.  Ontario. 

Padang,  Sumatra. 

Pa  it  a.   Peru. 

Palermo,   Italy. 

Palma  de  Mallorca. 

Panama  City,  Panama. 

.Para,  Brazil. 

Paramaribo,  Dutch 
Guiana. 

Paris,   France. 

Parral,  Mexico. 


Parrsboro,  Nova  Sco- 
tia. 

Parry  Sound,  Ontario. 

Paspebiac,  Quebec. 

Patras,  Greece. 

Peking,  China. 

Penaug,  Straits  Settle- 
ments. 

Pernambuco.  Brazil. 

Peterborough,  O  n  - 
tario. 

Petit  Goave,  Haiti. 

Pictou,  Nova  Scotia. 

Plauen,  Germany. 

Plymouth,  England. 

Port  Antonio,  Jamaica. 

Port  au  Prince,  Haiti. 

Port  de  Paix,  Haiti. 

Port  Elizabeth,  Cape 
of  Good  Hope. 

Port  Hawkesbury, 
Nova  Scotia. 

Port  Limon,  Costa 
Rica. 

Port  Louis,  Mauritius. 

Port  Maria,  Jamaica. 

Port  Morant,  Jamaica. 

Port  Said,  Egypt. 

Prague,  Austria. 

Prescott,  Ontario. 

Progreso,  Mexico. 

Puebla,  Mexico. 

Puerto  Cabello,  Vene- 
zuela. 

Puerto  Cortes,  Hon- 
duras. 

Puerto  Mexico,  Mex- 
ico. 

Puerto  Plata,  Domin- 
ican Republic. 

Punta  Arenas,  Chile. 

Punta  Arenas,  Costa 
Rica. 

Quebec.  Quebec. 

Queenstown,  Ireland. 

Quito,  Ecuador. 

Rangoon,  India. 

Rodditch,  Engl.-md. 

Reichenberg,  Austria. 

Revel,  Russia. 

Rheims,  France. 

Riga.  Russia. 

Rimouski,  Quebec. 

Rio  de  Janeiro,  Brazil. 

Rio  Grande  do  Sul, 
Brazil. 

Roatan,  Honduras. 

Rome,  Italy. 

Rosario,  Argentine 
Republic. 

Roseau,  Dominica. 

Rostoff-on-Don,  Rus- 
sia. 

Rotterdam,  Nether- 
lands. 

Roubaix,  France. 

Rouen,  France. 

Sagua  la  Grande, 
Cuba. 

Saigon,  Cochin  China. 

St.  Ann's  Bay,  Ja- 
maica. 

St.  Etienne,  France. 

St.  Gall,  Switzerland. 

St.  George,  Bermuda. 

St.  Helens,  England. 

St.  John,  New  Bruns- 

-     wick. 

St.  John's,  Newfound- 
land. 

St.  John's.  Quebec. 

St.  Lucia,  West  Indies. 

St.  Malo,  France. 

St.   Michael's,   Azores. 

St.  Petersburg,  Russia. 

St.  Pierre.  St.  Pierre 
Island. 


St.     S  t  e  p  h  en  ,    New 
Brunswick. 

St.   Tohmas,   West   In- 
dies. 

St.    V  in  c  e  n  t ,    Cape 
Verde  Islands. 

St.   Vincent,   West  In- 
dies. 

Salaverry,  Peru. 

Salina  Cruz,  Mexico. 

Saloniki,  Turkey. 

Salt  Cay,  West  Indies. 

Saltillo,  Mexico. 

Samana,        Dominican 
Republic. 

Samarang,  Java. 

Samsoun,  Turkey. 

San  Jose,  Costa  Rica. 

San     Jose     de     Guate- 
mala, Guatemala. 

San     Juancity,      Hon- 
duras. 

San    Juan    del    Sur, 
Nicaragua. 

San        Luis        Potosi, 
Mexico. 

San  Pedro   Sula,  Hon- 
duras. 

San      Salvador,      Sal- 
vador. 

Sanchez,       Dominican 
Republic. 

Sandakan.     British 
North  Borneo. 

Santa     Fe,     Argentine 
Republic. 

Santa    Marta,    Colom- 
bia. 

Santiago,  Chile. 

Santiago,  Panama. 

Santiago,  Cuba. 

Santo     Domingo,     Do- 
minican Republic. 

S.antos,  Brazil. 

Sao  Paulo,  Brazil. 

Sarnia.  Ontario. 

Sault   Ste.   Marie,   On- 
tario. 

Scheveningen,    Nether- 
lands. 

Seoul,  Korea. 

Seville,  Spain. 

Shanghai,  China. 

Sheffield,  England. 

Sherbrooke,  Quebec. 

Sierra      Leone,      West 
Africa. 

Singapore,  Straits  Set- 
tlements. 

Sivas,  Turkey. 

Smyrna,  Turkey. 

Sosi-abaya,  Java. 

Sonneberg,  Germany. 

Sorau,  Germany. 

Southampton,      E  n  g  - 
land. 

Stavanger,  Norway. 

Stettin,  Germany. 

Stockholm,  Sweden. 

Stuttgart,  Germany. 

Sudbury,  Ontario. 

Suez.  Egypt. 

Summerside,        Prince 
Edward  Island. 

Sundsvall,  Sweden. 

Suva,  Fiji  Islands. 

Swansea,  Wales. 

Swatow,  China. 

Swinemiinde,        G  e  r  - 
many. 

Sydney,  Australia. 

Sydney,  Nova  Scotia. 

Tabriz.  Persia. 

Tahiti,  Society  Islands. 

Talcahuano,  Chile. 

Tamatave,  Madagascar. 

Tampico,  Mexico. 


PAET   XLIX. CONSULATES    OF   THE   UNITED    STATES. 


501 


Tamsui,  Formosa. 

Tangier,  Morocco. 

Tapachula,  Mexico. 

Tarragona,  Spain. 

Tegucigalpa,  Hon- 
duras. 

Teheran,  Persia. 

Tela,  Honduras. 

Teneriffe,  Canary 
Islands. 

Terceira,  Azores. 

The  Hague,  Nether- 
lands. 

Tientsin,  China. 

Tokyo,  Japan. 

Topia,  Mexico. 

Toronto,  Ontario. 

Torreon,  Mexico. 

Toulon,  France. 


Tovar,  Venezuela. 

Townsville,  Queens- 
land. 

Trebizond,   Turkey. 

Trenton,  Ontario. 

Trieste,  Austria. 

Trinidad,  West  In- 
dies. 

Tripoli,  Syria. 

Tripoli  -  in  -  Barbary, 
North  Africa. 

Trondhjem,  Norway. 

Troon,  Scotland. 

Truxillo,  Honduras. 

Tsinanfu,  China. 

Tsingtau,  China. 

Tunis,  Tunis. 

Turin,  Italy. 


Turks    Island,    West 

Indies. 
Valencia,  Spain. 
Valera,  Venezuela. 
Valparaiso,  Chile. 
Vancouver,  B  r  i  t  i  sh 

Columbia. 
Venice,  Italy. 
Veracruz,  Mexico. 
Vevey,  Switzerland. 
Victoria,  Brazil. 
Victoria,      British 

Columbia. 
Victoriaville,   Quebec. 
Vienna,  Austria. 
Vigo,  Spain. 
Vladivostok,  Siberia. 
Warsaw,  Russia. 


Washington,  D.  C. 

Waterloo,  Quebec. 

Wellington,  New  Zea- 
land. 

West  Hartle  pool, 
England. 

Weymouth,  England. 

White  Horse,  Yukon 
Territory 

W^iesbaden,  Germany. 

Windsor,  Ontario. 

Winnipeg,  Manitoba. 

Yarmouth,  Nova 
Scotia. 

Yokkaichi,  Japan. 

Yokohama,  Japan. 

Zanzibar,  Zanzibar. 

Zurich,  Switzerland. 


INDEXES. 


TABLE  OF  LAWS  INCLUDED  IN  THIS  VOLUME. 

The  following  table  gives  the  sections  of  the  Revised  Statutes,  with  dates  of 
amendatory  acts,  included  in  this  compilation,  with  the  page  of  this  volume  on  which 
they  may  be  found. 

The  table  beginning  at  page  513  gives  the  dates  of  acts  and  parts  of  acts  subsequent 
to  the  Revised  Statutes  (Dec.  1,  1873),  with  dates  of  amendatory  acts,  included  in 
this  compilation,  with  the  page  of  this  volume  on  which  they  may  be  found. 

SECTIONS  OF  THE  REVISED  STATUTES. 


Section 
Revised 

Page  of 
this 

Enacted— 

Amended  or 
affected- 

Section 
Revised 

Pasjo  of 
this 

Enacted— 

Amended  or 
affected- 

Statutes. 

volume. 

Statutes. 

volume. 

3 

15 

July    18,1866 
June  29,1870 

970 

428 

Mar.     2,1799 
Feb.  24,1807 

431 

376 

June  21,1866 

971 

428 

Mar.     2,1799 

432 

375 

do........ 

978 

428 

July   22,1813 

435 

376 

Sept.  28,1850 

979 

429 

do 

728 

96 

Aug.    8,1846 

1433 

221 

Feb.  20,1845 

730 

431 

Apr.  30,1790 

1536 

374 

Dec.   22,1837 

Apr.  20,1818 

1580 

414 

July    18,1861 

July     1,1902 

May   15,1820 

July    14,1862 

June  29,1906 

Mar.     3,1825 
Mar.     3,1847 

1581 

414 

July   18,1861 
Apr.  17,1862 

July     1,1902 
June  29,1906 

734 

427 

Sept.  24,1789 

Mar.     2,1907 

July   13,1861 

1707 

220 

Apr.  14,1792 

Aug.    6,1861 

1708 

220 

Aug.  18,1856 

Feb.  14,1903 

June  30,1864 

1718 

220 

do 

June  26,1884 

July   13,1866 

1719 

221 

do 

Mar.     2,1867 

1720 

221 

Aug.    5,1861 

851 

96 

Feb.  26,1853 

1954 

254 

July   27,1868 

May   17,1884 

923 

427 

Aug.    4,1790 
Dec.   31,1792 
Feb.  18,1793 
Mar.     2,1799 

1956 

263 

do 

Mar.    2,1889 
Feb.  21,1893 
Mar.     3,1899 
Feb.  14,1903 

939 

427 

Aug.    4, 1790 

Apr.  21,1910 

Dec.   31,1792 

1958 

255 

' do 

Mar.     3,1899 

Feb.  18,1793 

Feb.  14,1903 

Mar.     2,1799 

1959 

255 

-Mar.     3,1869 

Mar.     3,1899 

940 

428 

Aug.     4,1790 
Dec.   31,1792 

Feb.  14,1903 
Apr.  21,1910 

Feb.  18,1793 

1960 

263 

July     1,1870 

Mar.  24,1874 

Mar.     2,1799 

Mar.     3,1899 

Apr.     5,1832 

Feb.  14,1903 

941 

111 

Aug.    4,1790 

Mar.     3,1899 

Apr.  21,1910 

Dec.  31,1792 

1961 

263 

do 

Mar.     3,1899 

Feb.  18,1793 

Apr.  21,1910 

Mar.    2,1799 

Mar.    3,1847 

1973 

479 

Mar.    5,1872 

Feb.  14,1903 

503 


504  NAVIGATION  LAWS  OF  THE  UNITED   STATES.     ^ 

Sections  op  the  Revised  Statutes— Continued. 


Section 
Revised 
Statutes, 

Page  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

Section 
Revised 
Statutes. 

Papo  of 

this 
volume. 

Enacted — 

Amended  or 
affected— 

1975 

480 

Mar.     5, 1892 

2646 

458 

July   28,1866 

Feb.  14.1903 

1976 

480 

do 

2647 

468 

Mar.     3, 1841 

Do. 

2174 

60 

June     7,1872 

Mar.     3,1857 

2497 

167 

Mar.     1,1817 

July  24,1897 

July    18,1866 

Aug.     5,1909 

2648 

458 

July    14,1802 

2502 

158 

June  30,1864 

Aug.  27,1894 
Aug.    5,1909 

2649 

478 

May    12,1870 

Aug.  15,1876 
Feb.  14,1903 

2507 

218 

Mar.     3,1843 

July   24,1897 
Aug.    5,1909 

2651 

478 

do 

Aug.  15,1876 

2652 

479 

Aug.  30,1842 

2511 

218 

Feb.  19,1869 

July    24,1897 

2653 

479 

July    18,1866 

Aug.     5,1909 

2747 

307 

Mar.     2, 1799 

2513 

217 

June     6,1872 

July   24,1897 
Aug.     5,1909 

Mar.     3, 1845 
July   20,1868 

2514 

218 

do 

July   24,1897 

2758 

307 

July   25,1861 

Aug.    5,1909 

2759 

374 

July    15,1870 

2520 

193 

May    10,1800 

2760 

307 

Mar.     2,1799 

2524 

193 

Feb.  25,1801 

2761 

474 

do 

2537 

193 

Jan.    26,1848 

2762 

474 

do 

2540 

193 

do 

Aug.  31,1852 

2763 
2764 

307 
307 

do 

do 

2554 

195 

May  26,1824 

2705 

307 

do 

May  28,1830 

2766 

177 

June  22,1874 

2581 

193 

June  16,1860 

Feb.  14,1903 

2767 

177 

do 

2588 

193 

June  14,1870 

2768 

177 

do 

2589 

195 

do 

2769 

177 

Mar.     2, 1799 

2590 

193 

do 

2770 

178 

do 

2621 

452 

Mar.     2,1799 

2771 

178 

do 

2622 

452 

do 

Apr.  24,1816 

2623 

452 

do 

May     7, 1822 

2624 

453 

do 

Feb.  22,1827 

2625 

453 

do 

Feb.  13,1837 

2626 

453 

do 

2772 

178 

Mar.     2, 1799 

2627 

453 

do 

May    10,1800 

2628 

454 

do 

Feb.  25,1867 

2629 

454 

do 

2773 

179 

Mar.     2, 1799 

2630 

454 

do 

Mar.     3, 1817 

2774 
2775 

178 
179 

do 

do 

2631 

456 

Mar.     3, 1873 

May     1,1872 

2632 

455 

Mar.     2,1799 

2776 

180 

Mar.     2,1799 

June  26,1884 

2633 

455 

July    18,1866 

Feb.  22,1805 

July  27,1868 

2777 

180 

Mar.     2, 1799 

2634 

455 
455 

May     7,1822 
Mar.     2, 1799 

2778 
2779 

180 
181 

do .-- 

2635 

do.... 

2636 

455 

do 

2780 

181 

do.... 

2637 

455 
456 
456 

do 

do 

do 

July    31,1894 

2781 
2782 
2783 
2784 

181 
182 
182 
182 

do 

2638 

do.... 

2639 

do 

Mar.     3,1849  j 

do 

2640 

456 

457 

Mar.     2,1799 

May     7, 1822 

Feb.  14,1903 
Do. 

2790 
2791 

164 
182 

do 

..      2641 

do.... 

2642 

457 

Mar.     2,1799 

2792 

182 

June    4, 1872 

2643 

457 

May     7,1822 

2793 

183 

Feb.  10,1871 

2644 

457 

Mar.     3,1863 

2794 

183 

Mar.     2,1799 

2645 

457 

Feb.  11,1846 

2795 

183 

do 

.. 

TABLE   OF   LAWS.  505 

Sections  of  the  Revised  Statutes — Continued. 


Section 
Revised 

Page  of 
this 

Enacted— 

Amended  or 
affected- 

Section 
Revised 

Page  of 
this 

Enacted— 

Amended  or 

Statutes. 

volume. 

Statutes. 

volume. 

affected- 

2796 

183 

Mar.     2, 17t9 

2868 

197 

Mar.     2,1799 

If/UY 

184 

do 

Mar.     3,1897 

2871 

197 

Mar.     3,1873 

June  30,1906 

2798 

184 

July     7,1838 

Feb.  13,1911 

2799 

184 

Mar.     2, 1799 

2872 

199 

Mar.     2,1799 

June  26,1884 

Mar.     3, 1823 

2873 

199 

do 

2800 

185 

Mar.     2,1799 

2874 

199 

do 

2801 

185 

do 

2875 

200 

do 

2802 

185 

do 

2876 

200 

do 

2804 

186 

July  28,1866  I  Aug.  27,1894 

2877 

200 

do 

2805 

186 

Mar.     2,1799 

Sept.  30,1890 

2878 

201 

do 

2806 

186 

do 

2879 

201 

do 

2807 

186 

do 

June    3,1892 

2880 

202 

do 

May     9,1896 

2808 

187 

do 

Mar.     2,1861 

2809 

187 

do 

2881 

202 

Mar.     2,1799 

June    3,1892 

2810 

188 

do 

2883 

202 

do 

2811 

188 

do 

2884 

203 

do 

July   18,1866 

2887 

203 

do 

2812 

188 

Mar.     2,1799 

2888 

203 

do 

2813 

189 

do 

2889 

204 

do 

2814 

189 

do 

2891 

204 

do 

2815 

189 

do 

2892 

205 

do 

2816 

190 

Mar.     2, 1867 

2893 

205 

do 

2817 

190 

Mar.     2,1857 

2894 

205 

do 

2818 

190 

Aug.    3,1854 

2895 

205 

Feb.  14,1805 

2819 

190 

do 

2896 

205 

Mar.     2,1799 

2820 

190 

Mar.     3,1857 

2966 

209 

Aug.    3,1854 

June  26,1884 

Jan.    27,1858 

2967 

194 

Sept.  28,1850 

Feb.  27,1877 

2968 

194 

Mar.     2,1867 

2821 

190 

July   14,1870 

2969 

202 

Mar.     2,1799 

2822 

191 

Mar.     2, 1831 

2981 

216 

Mar.     2,1867 

May   21,1896 

Sept.  28,1850 

2982 

413 

July   14,1862 

Aug.    5,1909 

2823 

191 

Mar.     2, 1831 

2998 

206 

July   14,1870 

Sept.  28,1850 

2999 

480 

Mar.  28,1854 

Feb.  14,1903 

Aug.  31,1852 

3000 

206 

do 

Do. 

Feb.     2,1854 

3001 

206 

do 

Do. 

Aug.    2,1854 

July   14,1862 

Aug.    3,1854 

3002 

207 

Mar.     3,1845 

Do. 

Mar.  11,1864 

Aug.  30,1852 

July     1,1864 

3003 

207 

do 

July     7,1870 
July   11,1870 
July   14,1870 
Mar.     2,1831 

3004 

207 

Apr.  30,1872 

Sept.  25,1890 

2825 

191 

Mar.     3,1897 

3005 

208 

July   28,1866 

May   21,1900 
July     1,1902 

2826 

195 

do 

3006 

208 

do 

2827 

195 

do 

3007 

208 

June    4,1872 

2828 

196 

do 

3008 

208 

Mar,     3, 1845 

2829 

191 

do 

Aug.  30,1852 

2830 

196 

do 

3035 

181 

Mar.     2,1799 

2832 

192 

June  30,1834 
July     7, 1S38 

3036 

181 

Mar.     1,1823 
Feb.     2,1831 

2833 

192 

June  30,1834 

.    3058 

213 

Mar.     2,1799 

Feb.  23,1887 

2834 

189 

Mar.     2,1799 

Mar.     3,1897 

3059 

167 

July   18,1866 

2836 

192 

Mar.     3, 1801 

3060 

167 

do 

2867 

196 

Mar.     2,1799 

3063 

171 

do 

Feb.     8,1881 

506  NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Sections  of  the  Revised  Statutes— Continued. 


Section 
Revised 
Statutes. 

Page  of 

this 
volume. 

Enacted— 

Amendfed  or 
affected— 

Section 
Revised 
Statutes. 

Page  of 

this 
volume. 

Enacted— 

Amended  or 
afiected— 

3067 

167 

Mar.    2,1799 

3111 

226 

July  18,1866 

3068 

167 

....do 

Feb.  10,1871 

3069 

168 

do 

3112 

226 

July  18,1866 

3070 

201 

do 

Feb.  10,1871 

3071 

168 

July   18,1866 

3113 

227 

July  18,1866 

3072 

168 

Mar.     2,1799 

Feb.  10,1871 

3073 

168 

do 

3114 

227 

July   18,1866 

3074 

168 

Apr.     2,1844 

3115 

228 

....do 

Aug.    8,1846 

3116 

228 

July     1,1870 

Feb.  28,1865 

3117 

228 

....do 

July   18,1866 

3118 

229 

do 

July  28,1806 

3119 

229 

do 

3075 

169 

Apr.     2,1844 

3120 

229 

July   18,1866 

Feb.  14,1903 

Feb.  28,1865 

3121 

230 

July     1,1870 

July   18,1866 

3122 

229 

do 

3076 

169 

Apr.     2,1844 

3123 

230 

do 

July   18,1866 

3124 

230 

do 

Do. 

3077 

169 

Apr.     2,1844 

3125 

230 

do 

July   18,1866 

3126 

230 

May  27,1848 

3078 

170 

do 

Feb.  14,1903 

3127 

231 

do 

3079 

170 

Apr.     2,1844 

3128 

231 

Mar.    3,1817 

July   18,1866 

Do. 

3129 

231 

Sept.  26,1850 

Do. 

3080 

170 

do 

3679 

482 

July  12,1870 

Mar.  3,1905 

3081 

171 

Mar.     3,1863 

Feb.  27, 1906 

3082 

213 

Mar.    2,1799 

3969 

300 

June    8,1872 

July   18,1866 

3970 

300 

do 

3083 

171 

May  29,1830 

3976 

300 

do 

June  26, 1884 

3084 

171 

July   18,1866 
Mar.     3,1873 

3977 

300 

do 

Repealed, 
Mar.4, 1909 

3085 

171 

July   18,1866 

3978 

300 

do 

Mar.    3, 1873 

3987 

300 

do 

3086 

171 

July  18,1866 

3988 

301 

do 

Do. 

3087 

172 

Mar.    2,1799 

3989 

301 

do 

3088 

172 

July   18,1866 

3990 

301 

dop 

3089 

172 

Mar.     2, 1799 

3991 

301 

do 

3094 

176 

do 

3992 

301 

do 

3095 

222 

do 

Apr.  27,1904 

4006 

302 

do 

3096 

222 

do 

4007 

302 

do 

3097 

223 

do 

4008 

302 

do 

3098 

223 

Mar.    2,1821 

4009 

302 

do 

July  18,1866 

4010 

302 

do 

3099 

223 

Mar.     2, 1821 

4011 

302 

do 

Mar,    3,1823 

4012 

302 

do 

July  18,1866 

4015 

303 

do 

3100 

224 

June  27,1864 

4079 

94 

June  11,1864 

3101 

224 

.....do 

4080 

95 

do 

May  28,1896 

3102 

224 

---.-do 

4081 

95 

do 

3103 

225 

do 

Feb.   14,1903 

4131 

15 

Dec.  31,1792 

Do. 

3104 

225 

do.^.i-. 

[            4131 

54 

do..' 

June  ^6,  i884 

3105 

225 

do 

May  28,1896 

3106 

226 

do....... 

4132 

16 

do 

3109 

226 

July   18,1866 

Feb.  17,1898 

4135 

15 

Feb.  ,10,1866 

Feb.  14,1903 

4137 

37 

Mar.     3,1825 

3110 

222 

do 

4138 

87 

do 

TABLE   OF  LAWS.  507 

Sections  op  the  Revised  Statutes — Continued. 


Section 
Tlevised 
Statutes. 

Page  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

Section 
Revised 
Statutes. 

Page  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

4139 
4141 

37 
33 

Mar.    3,1825 
Dec.   31,1792 

June  24,1902 

4178 

20 

Dec.  31,1792 

June  26,1884 
Feb.  21,1891 

4142 

4143 
4144 
4146 

32 

33 
33 
36 

do 

July   29,1850 
Dec.  31,1792 

do 

do 

Jan. 
Feb. 

16,1895 
14,1903 

4179 

4180 
4181 

20 

50 
60 

May     5,1864 

Dec.  31,1792 
do 

Jan.    20,1897 
Mar.     2,1881 
July     5,1884 
Feb.  14,1903 

4147 

4148 

32 
22 

do 

do 

4182 
4183 

50 
51 

do 

do 

July     5,1884 
Do. 

4149 

22 

May     6, 1864 
Dec.  31,1792 

4184 
4187 

51 
52 

do 

do 

4150 

22 

May     6, 1864 

4188 

52 

do 

4151 
4152 
4153 

23 
30 
23 

Feb.  28,1865 
May     6, 1864 
do 

4189 
4190 
4191 

52 
52 
52 

July   18,1866 
Mar.  26,1810 
Mar.     2,1803 

25 
26 

27 
28 

do 

do 

do 

do 

Mar. 
Aug. 
Mar. 
Mar. 
Mar. 

2, 1895 
5,1882 
2, 1895 
3,1897 
2,1895 

4192 
4193 

4194 
4195 

39 
39 

39 
40 

July   29,1850 

do 

Mar.     3,1865 
July   29,1850 
do 

June  19,1886 
Do. 

29 
30 

do 

do 

Aug. 
June 
Mar. 

5,1882 
19, 1886 
2,1895 

4196 
4197 
4198 

40 
159 
159 

do 

Mar.     2,1799 
do 

Apr.  29,1902 
Do. 

Feb. 

14, 1903 

4199 

160 

do 

Do. 

4154 

31 

Mar.     2, 1799 

Aug. 

5,1882 

4200 

160 

Feb.   10,1820 

Do. 

Feb. 

14, 1903 

4201 

161 

Mar.     2,1799 

Do. 

4155 
4156 

35 
36 

Dec.   31,1792 
July  29,1850 
Dec.  31,1792 

Jan. 

16, 1895 

4202 
4204 
4205 

161 
161 

162 

do 

July     4,1864 
Mar.     3,1833 

Do. 

4157 
4158 

36 
36 

Mar.     3, 1813 
Dec.   31,1792 

Feb. 
July 

14,1903 
5, 1884 

4206 

162 

Mar.     3,1797 
Mar.     2,1799 

June  19,1886 

4159 

34 

do 

Feb. 

14,1903 

4207 
4208 

162 
195 

Aug.  18,1856 
Mar.     3,1817 

4160 

34 

do 

May     6,1822 

4161 

84 

do 

4209 

164 

Mar.     3,1817 

4162 

34 

do 

4210 

164 

do 

4163 

35 

do 

4211 

164 

do 

4164 
4165 

4166 

38 
16 

38 

Mar.     2,1797 
June  27,1797 
Mar.  27,1804 
Mar.     2,1803 

July 
Mar. 

5,1884 
3,1897 

4213 
4214 

164 
17 
18 

Aug.  23,1842 
Aug,  18,1856 
Aug.     7,1848 
June  29,1870 

Jone  26,1884 
Mar.     3, 1883 
Jan.    16,1895 

4167 
4168 
4169 

40 
41 
41 

Dec.   31,1792 

do 

do 

4215 
4217 

18 

18 

Aug.    7,1S48 
June  29,1870 

Feb.  14,1903 
Do. 

4170 
4171 
4172 

38 
38 
40 

do 

do 

do 

July     5,1884 
Do. 

4218 
4219 

19 
162 

do 

July  20,1790 
Apr.  27,1816 

June  26,1884 
June  19,1886 

4173 

163 

do 

Jan.    14,1817 

4174 
4175 
4176 
4177 

41 
41 
36 
19 

do 

do 

do 

July   28,1866 

Do. 

Jan.    16,1895 
July     5,1884 

Do. 
June  19,1886 

Mar.     1,1817 
Mar.     3,1817 
May   31,1830 
July    14,1862 
June  28,1864 

July   24,1897 
Apr.  30,1900 
May   28,1908 
Aug.    5,1909 

508  NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Sections  of  the  Revised  Statutes— Continued. 


Section 
Revised 
Statutes. 

Pai,'e  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

Section 
Revised 
Statutes. 

PaEje  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

4219 

152 

Mar.     3,1865 

4297 

440 

Aug.    5,1861 

4220 

150 

July   14,1870 

Apr. 

30,1900 

4298 

440 

do 

4221 

151 

Mar.     3,1869 

4299 

440 

do 

4222 

153 

July   20,1868 

June 

26,1884 

4300 

429 

June  11,1864 

Feb. 

14,1903 

4301 

429 

do 

4225 

162 

Mar.  27,1804 

4302 

429 

do 

4226 

153 

Mar.     3,1805 

4303 

430 

do 

163 

do 

4304 

430 

do 

4227 

150 

Apr.   27,1816 
Jan.    14,1817 

4305 
4306 

430 
165 

Dec.  31,1792 
June    1,1796 

4228 

151 

May   24,1828 

Apr. 

30,1900 

Feb.  12,1831 

May   31,1830 

July 

24,1897 

4307 

165 

June    1,1796 

July   13,1832 

4308 

165 

Mar.     2, 1803 

4229 

151 

May   24,1828 

4309 

165 

Feb.  28,1803 

4230 

151 

do 

4310 

165 

do 

4231 

152 

Mar.     1,1809 

4311 

16 

Feb.  18,1793 

4233 

367 

Apr.  29,1864 

June 

19,1886 

4312 

43 

do 

Mar. 

3,1893 

4313 

47 

Mar.     3,1825 

Feb. 

8,1895 

4314 

47 

do 

June 

24, 1902 

Mar. 

3,1897 

4315 

47 

do 

Mar. 

3,1905 

4316 

16 

Mar.  12,1812 

4235 

148 

Aug.    7,1789 

4317 

16 

do 

4236 

148 

Mar.     2,1837 

4318 

16 

June  17,1864 

4237 

148 

July   13,1860 

4319 

44 

Feb.  18,1793 

Jan. 

16,1895 

4238 

305 

Apr.  14,1792 

July   29,1850 

Apr. 

24, 1906 

4239 

306 

Mar.     3,1825 

4320 

44 

Feb.  18,1793 

Jan. 

16, 1895 

4240 

306 

do 

Feb. 

14, 1903 

4241 

306 

Feb.  23,1847 

4321 

45 

do 

Jan. 

16, 1895 

4250 

58 

Apr.     9,1872 

May  24,1828 

Apr. 

24, 1906 

4251 

78 

July   20,1846 

4322 

43 

Feb.  18,1793 

4278 

131 

July     3,1866 

4323 

43 

do 

July 

5,1884 

4279 

131 

do 

Jan. 

16, 1895 

4280 

132 

do 

4324 

46 

do 

4281 

108 

Feb.  28,1871 

4325 

46 

do 

Apr. 

24,1906 

4282 

108 

Mar.     3,1851 

4320 

47 

do 

4283 

108 

do 

4327 

47 

do 

4284 

109 

do 

July   18,1866 

4285 

109 

do 

4328 

48 

Feb.  28,1865 

Apr. 

17, 1874 

4286 

109 

do 

Jan. 

16, 1895 

4287 

109 

do 

4329 

48 

j  Mar.     2,1797 

July 

5,18S4 

4288 

109 

do 

June 

26,1884 

{            4330 

227 

July   18,1866 

June 

19,1886 

4331 

16 

Feb.  18,1793 

4289 

110 

do 

Do. 

May     6,1864 

4290 

106 

June    1, 1872 

Feb. 

14,1900 

4332 

48 

Feb.  18,1793 

4291 

107 

do 

4333 

46 

do 

Do. 

4292 

107 

do 

4335 

48 

do 

4293 

439 

Mar.     3,1819. 
Jan.    30,1823 

4336 
4337 

50 
162 

do 

do 

4294 

439 

Mar.     3, 1819 
Jan.    30,1823 

4338 
4339 

163 
16 

do 

Apr.     4, 1840 

4295 

439 

Mar.     3, 1819 
Jan.    30,1823 

4340 
4341 

49 

49 

Feb.  25,1865 
Feb.   28,1867 

4296 

439 

Mar.     3, 1819 
Jan.    30,1823 

4342 
4343 

49 
49 

Mar.     3, 1849 
do 

Aug.    6,1861 

4344 

49 

!  Feb.  11,1830 

Feb. 

14,1903 

TABLE   OF   LAWS. 
Sections  of  the  Revised  Statutes — Continued. 


509 


Section 
Revised 
Statutes. 

Page  of 

this 
volume. 

Enacted— 

Amended  or 
affected— 

Section 
Revised 
Statutes. 

Pajje  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

4345 

49 

Jan.    26,1848 

Feb.  14,1903 

4399 

113 

Feb.  28,1871 

Jan.    18,1897 

Aug.  31,1852 

4400 

113 

do 

Aug.    7,1882 

4346 

50 

Feb.   11,1830 

Mar.     1, 1895 

4347 

238     Mar.     1,1817 
Mar.     3,1873 

Mar.     3,1883 
June  19,1886 

Feb.  15,1902 
Mar.  17,1906 

Feb.  15,1893 

4401 

148  1 

do 

Aug.  19,1890 

1 

Feb.  17,1898 

•• 

Feb.     8,1895 

4348 

232  :  Mar.     2,1819 

May  12,1906 

June    7,1897 

May     7,1822 

4402 

459 

do 

4349 

232     Feb.  18,1793 

4403 

459 

do 

Feb.  14,1903 

Mar.     2,1819 

4404 

469 

do 

Do. 

4350 

233 

Feb.   18,1793 

July   12,1876 

4405 

459 

do 

Mar.    3,1905 

4351 

233 

do 

Do. 

Feb.     8, 1907 

Mar.     2, 1819 

4400 

135 

do....... 

4352 

234 

Feb.   18,1793 

Do. 

4407 

135 

do 

Feb.  14,1903 

4353 

234 

do 

Do. 

4408 

460 

do 

4354 

235 

do 

Do. 

4409 

460 

do 

4355 

235 

do 

Do. 

4410 

460 

do 

Mar.     2, 1819 

4411 

461 

do 

4356 

236 

Feb.   18,1793 

Do. 

4412 

371 

do 

Aug.  19,1890 

4357 

237 

Mar.     2,1795 

Feb.     8, 1895 

4358 

254 

July   27,1868 

June    7,1897 

4359 

236 

Feb.   18,1793 

4413 

371 

do 

Do. 

Mar.     2, 1819 

4414 

461 

do 

Apr.     9, 1906 

4360 

237 

Feb.   18,1793 

Mar.     3,1873 

May  28,1908 

4361 

238 

do 

4415 

462 

Feb.  28,1871 

Mar.     3,1905 

4362 

194 

do 

4416 

462 

do 

Do. 

4363 

194 

do 

4417 

98 

do 

Dec.  21,1898 

4364 

162 

do 

Mar.     3, 1905 

4oC-5 

163 

do 

4418 

119 

do 

June  19,1886 

4366 

238 

do 

Mar.     3,1905 

4367 

239 

do 

4419 

120 

do 

4368 

239 

do 

4420 

120 

Dec.   17,1872 

4369 

239 

do 

Jan.      6, 1874 

4370 

239 

July   18,1866 
Feb.  23,1867 

4421 

133 

Feb.  28,1871 

June  11,1906 
June  25,1910 

4371 

240 

Feb.   18,1793 

June  19,1880 

4422 

127 

do 

4372 

240 

do 

4423 

134 

do 

Mar.     3,1905 

4373 

53 

do 

4424 

135 

do 

4374 

53 

do 

4425 

464 

do 

4375 

53 

do 

4426 

114 

do 

June  25, 1890 

4376 

63 

do 

Dec.   22,1890 

4377 

240 

do 

Apr.     2, 1836 

Jan.  18,1897 
Mar.     3,1905 

4378 

241 

Feb.  18,1793 

May   16,1906 

4379 

241 

do 

4427 

115 

do 

4380 

241 

do 

4428 

120 

do 

4384 

44 

July   18,1866 

Do. 

4429 

120 

do 

Aug.    7,1882 

4385 

17 

Feb.  18,1793 

Feb.  14,1903 

4391 

70 

June  19,1813 
Mar.     3,1865 

4430 

120 

do 

Jan.  22,1894 
Feb.  14,1903 

4392 

70 

June  19,1813 

4431 

121 

do 

4393 

71 

do 

4432 

121 

do 

4394 

71 

do 

4433 

121 

do 

510  NAVIGATION  LAWS  OF  THE  UNITED  STATES. 

Sections  of  the  Revised  Statutes— Continued. 


Section 
Revised 
Statutes. 


4434 


4437 
4438 


4439 
4440 
4441 
4442 
4443 
4444 
4445 
4446 
4447 
4448 
4449 
4450 
4452 
4453 
4454 
4455 
4456 
4457 
4460 
4461 

4462 
4463 
4464 
4465 


4470 
4471 
4472 

4473 

4474 

4475 
4476 
4477 
4478 
4479 
4480 
4481 
4482 
4483 
4484 
4485 


Page  of 

this 
volume. 


122 


122 
55 


56 

56 

56 

67 

57 

148 

57 

55 

136 

136 

136 

136 

116 

116 

118 

463 

463 

463 

463 

463 

463 
118 
132 
132 

132 
133 
133 
133 
125 
126 
127 

128 
129 

129 
129 
127 
127 
127 
125 
123 
124 
127 
125 
125 


Enacted- 


Feb.  28,  1871 


.do.... 
.do.... 


.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
.do., 
-do., 


.do., 
.do., 
.do., 
-do.. 

.do., 
.do., 
.do., 
.do., 
.do., 
.do. 
.do. 


.do. 
.do. 

.do. 
.do. 
.do. 
.do. 
.do. 
.do. 
.do. 
-do. 
-do. 
-do. 
.do. 


Amended  or 
affected— 


Feb.  14,1903 
Mar.     2, 1909 

Dec.  21,1898 
Jan.  25,1907 
May  28,1908 
Dec.  21,1898 

Do. 
May  28,1896 

Do. 


Mar.  23,1900 
Feb.  19,1907 


Mar.  3, 1905 


Do. 
Do. 


Feb.  14,1903 
June  19,1886 
Feb.   14,1903 

Do. 
Apr.     2, 1908 


July  9, ISSO 
Feb.  23,1901 

May  28,1908 
Do. 

Mar.  3, 1905 
June  30,1906 
Mar.  3, 1905 
May  28,1906 

Oct.  18,1888 
Feb.  14,1903 


Mar.     3, 1905 


Do. 


Section 
Revised 
Statutes. 


4487 
4488 
4489 

4490 
4491 
4492 
4493 
4494 
4495 
4490 
4497 
4498 
4499 
4500 
4501 


4502 
4503 
4504 

4505 


4506 
4507 

4508 
4509 
4510 
4511 


4512 
4513 

4514 
4515 
4516 
4517 
4518 

4519 
4520 

4521 
4522 
4523 

4524 


Page  of 

this 
volume. 


125 
371 
124 
125 

123 
118 
127 
137 
135 
20 
137 
137 
114 
137 
137 
450 


451 
61 


451 


451 

452 


Enacted- 


62 


Feb.  28,1871 

do 

do 

do 

do 

do 

do 

do 

do 

do 

Feb.  21,1891 

do 

do 

do 

do 

June    7, 1872 


do 

do 

do 

June  15,1873 
June    7,1872 


do 

do , 

do 

do 

do 

do 

Jan.    15,1873 


June    7,1872 
do , 


65  \ do 

65    do 


64 


76 


do 

do 

do 

do 

July  20,1790 
June  7,1872 
July  20,1790 

do 

July  20,1840 
June    7,1872 

do 


Amended  or 
affected— 


Mar.  3, 1905 

Mar.  2, 1889 

Feb.  14,1903 

July  9, 1886 

Feb.  14,1903 


Do. 
Feb.  21,1891 


Mar.  3,1905 
Do. 

June  26,1884 
June  19,1886 
Feb.  14,1903 
Mar.  4, 1911 
Apr.  26,1906 


Jan.  16,1883 
June  26,1884 
June  19,1886 

Mar.  3, 1897 
Feb.   14,1903 


June  26,1884 
Mar.  3, 1897 
Dec.  21,1898 
Feb.   14,1903 

June  19,1886 
Feb.  18,1895 


Dec.   21,1898 

June  26,1884 
Mar.    3, 1897 


Dec.  21,1898 


TABLE   OF  LAWS. 
Sections  of  the  Revised  Statutes — Continued. 


511 


Section 
Revised 
Statutes. 

Page  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

Section 
Revised 
Statutes. 

Page  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

4525 
4526 

75 
76 

June     7,1872 
do 

Dec.  21,1898 

4576 
4577 

66 
82 

Feb.  28,1803 
do 

Mar.     3,1897 
Mar.     3,1911 

4527 
4528 
4529 

75 
76 
76 

do 

do 

July  20,1790 

Do. 

4578 
4579 

82 
82 

do 

Feb.  28,1811 

June  26,1884 
June  19,1886 

4530 

76 

June     7, 1872 
July   20,1790 

June  28,1906 
Dec.   21,1898 

4580 

72 

Aug.  18,1856 
Mar.     3, 1873 

June  26,1884 

4535 
4536 

74 
79 

June     7, 1872 
do 

4581 
4582 

73 

73 

Aug.  18,1856 
Feb.  28,1803 

Dec.  21,1898 
Do. 

4537 
4538 

80 
83 

July  20,1790 
June     7, 1872 

4583 

73 

July  20,1840 
Aug.  18,1856 

Do. 

4539 
4540 

83 
84 

do 

do 

4588 
4591 

60 
60 

May   28,1796 
do 

June  19,1886 

4541 

84 

do 

Mar.     3, 1897 

4594 

452 

June     7, 1872 

Do. 

4542 

85 

do 

Do. 

4595 

61 

do 

Do. 

4543 

4544 
4545 

85 
85 
86 

do 

do 

do 

Do. 

4596 
4597 

86 
88 

do 

do 

Mar.     4,1911 

Dec.  21,1898 

Do. 

4546 

76 

July   20,1790 
Aug.  23,1842 

May   28,1896 

4G00 
4G02 

80 
88 

do 

do 

Dec.  21,1898 

4547 

77 

July  20,1790 

Dec.   21,1898 

4603 

77 

do 

Aug.  23,1842 

June  28,1906 

4C04 

88 

do 

4548 

77 

Mar.     3, 1873 

4605 

78 

do 

4549 

72 

June     7,1872 

4606 

166 

do 

Mar.  31,1900 

4550 
4551 
4552 
4553 

72 
72 
74 
75 

do 

do 

do 

do 

4607 
4608 
4610 

81 
89 
89 

do 

July  27,1806 
June     7, 1872 

Feb.  14,1903 
Apr.  13,1904 
Feb.  14,1903 

4554 
4555 

81 
81 

do 

do 

Aug.  19,1890 

4611 
4612 

89 
59 

Sept.  28, 1850 
June    7,1872 

Dec.  21,1898 

4556 

100 

July  20,1790 

Dec.   21,1898 

90 

do 

4557 

101 

do 

Do. 

92 

do 

Dec.  21,1898 

July     1, 1902 

4661 

477 

May  15,1820 

4558 

101 

do 

Dec.   21,1898 

Mar.     3, 1821 

4559 

102 

July   20,1840 

Do. 

4662 

477 

Mar.    2, 1795 

July  29,1850 

4668 

477 

Mar.     3, 1859 

4560 
4561 

102 
102 

July   20,1840 
do 

June  26,1884 

4672 

477 

Sept.  28, 1850 
Mar.     2, 1867 

Feb.  14,1903 

Dec.   21,1898 

4673 

477 

do 

Do. 

4562 

102 

do 

4674 

477 

Mar.     3, 1859 

Do. 

4563 

103 

do 

4676 

375 

Mar.     2, 1868 

4564 

103 

July  20,1790 

Do. 

4677 

375 

July   15,1870 

45G5 

103 

June    7,1872 

4678 

375 

Sept.  28, 1850 

4566 

104 

do 

Do. 

4680 

477 

Aug.  31,1852 

4567 

104 

do 

4681 

480 

Feb.  10,1807 

4568 
4569 

104 
105 

do 

do 

Do. 

June  26,1884 

4682 

480 

July  10,1832 
Feb.  10,1807 

June  19,1886 

4686 

480 

do 

4570 

105 

do 

Apr.  14,1818 

4571 

105 

do 

4687 

481 

June  17,1844 

4572 

106 

do 

Dec.   21,1898 

4688 

481 

June  12,1858 

Do. 

4673 

66 

Feb.  28,1803 

June  19,1886 

4689 

481 

Mar.     3,1853 

Apr.     4,1840 

4690 

481 

do 

4574 

66 

Mar.     .S.isn 

4fi91 

.^7fi 

Jnnfi      .q  1844 

Tnnp.  20.187S 

512 


NAVIGATION  LAWS  OF  THE  UNITED   STATES. 
Sections  of  the  Revised  Statutes — Continued. 


Section 
Revised 
Statutes. 

Pa?c  of 

tliis 
volume. 

Enacted— 

Amended  or 
affected- 

Section 
Revised 
Statutes. 

Page  of 

this 
volume. 

Enacted— 

Amended  or 
affected- 

4792 

276 

Feb.  23,1799 

5345 

432 

Mar.     3,1825 

Repealed, 

4793 

277 

do 

Mar.  4, 1909 

4794 

277 

do 

5346 

432 

do 

Do. 

4795 

277 

....do 

5347 

435 

Mar.     3,1835 

Do. 

479G 

278 

....do 

5348 

433 

Apr.  30,1790 

Do. 

4797 

278 

....do 

5349 

433 

Mar.  24,1860 

Do. 

4801 

93 

July   10,1798 

June  26,1884 

5350 

433 

do 

Do. 

4802 

464 

June  29,1870 

Mar.     3,1875 

5351 

433 

do 

Do. 

Jan.     4, 1889 

5353 

130 

July     3, 1866 

Do. 

July     1,1902 

5354 

130 

do 

Do. 

4804 

93 

Feb.  10,1871 

Mar.     3,1875 

5355 

131 

do 

Do. 

June  26,1884 

5356 

434 

Apr.  30,1790 

Do. 

4805 

94 

May     3, 1802 

xiug.    4,1894 

Aug.  23,1842 

4806 

465 

Apr.  20,1866 
June  27,1866 

Mar.     3,1875 

5357 

434 

Apr.   30,1790 
Mar.     3, 1825 

Do. 

5280 

80 

Mar.     2, 1829 

5358 

437 

do 

Do. 

Feb.  24,1855 

5359 

436 

Apr.  30,1790 

Do. 

5281 

403 

Apr.  20,1818 

Repealed, 

Mar.    3,1835 

Mar.  4, 1909 

5360 

436 

Apr.  30,1790 

Do. 

6282 

403 

do 

Do. 

Mar.     3,1835 

5283 

403 

do 

Do. 

5361 

437 

Mar.     3,1825 

Do. 

5284 

404 

do 

Do. 

5362 

437 

do 

Do. 

5985 

404 

do 

Do. 

5363 

436 

do 

Do. 

5286 

404 

do 

Do. 

5304 

436 

do 

Do. 

5287 

404 

do 

Do. 

5305 

437 

Mar.  26,1804 

Do. 

5288 

405 

do 

Do. 

5366 

438 

Mar.     2,1804 

Do. 

5289 

405 

do 

Do. 

5367 

438 

July   29,1850 

Do. 

5290 

405 

do 

Do. 

5368 

440 

Mar.     3,1819 

Do. 

5291 

406 

do 

Do. 

May   15,1820 

5292 

309 

Mar.     3,1797 

Feb.  14,1903 

Jan.    30,1823 

Fob.  11,1800 

5369 

440 

Apr.  30,1790 

Do. 

Mar.     2, 1803 

5370 

434 

May   15,1820 

Do. 

July   13,1861 

5371 

441 

do 

Do. 

May  20,1862 

5373 

441      Apr.  30,1790 

Do. 

5293 

309 

July   14,1832 

Mar.     3,1899 

5374 

441     Mar.     3,1847 

Do. 

Sept.  28,1850 

Feb.  14,1903 

5383 

441 

Apr.  30,1790 

Do. 

Jmie  27,1864 

Aug.    8,1846 

July  18,1866 

5384 

441 

Apr.  30,1790 

Do. 

July   27,1868 

5386 

434 

Mar.     3, 1825 

Do. 

July     1,1870 

5391 

435 

do 

Do. 

5294 

310 

Feb.  28,1871 

Dec.  15,1894 

Apr.     5,1866 

Mar.     2, 1896 

5423 

435 

Mar.     3,1825 

Do. 

Feb.  14,1903 

5482 

464 

Aug.  30,1872 

Do. 

5295 

310 

Feb.  28,1805 

5570 

407 

Aug.  18,1856 

5339 

431 

Apr.  30,1790 

Repealed, 

5571 

407 

do 

Mar.  4, 1909 

5572 

407 

Apr.     2,1872 

Mar.     3, 1825 

5573 

407 

Aug.  18,1856 

5340 

432 

Apr.  30,1790 

Do. 

5574 

407 

do 

5341 

432 

do 

Mar.     3, 1857 

Do. 

July   28,1860 
Apr.     2,1872 

5342 

432 

do 

Do. 

5575 

408 

Aug.  18,1856 

5343 

432 

Apr.  30,1790 

Do. 

5576 

408 

do 

Mar.     3,1857 

5577 

408 

do 

5344 

433 

Feb.  28,1871 

Do. 

5578 

408 

do 

ACTS  SUBSEQUENT  TO  REVISED  STATUTES. 


Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

Page 
ofthis 
vol- 
ume. 

Amended  or 
affected. 

Date. 

Chap- 
ter of 

Stat- 
utes. 

Section. 

Page 
ofthis 
vol- 
ume. 

Amended  or 
affected. 

Mar.    21,1874 

C4 

263 

Mar.     3, 1899 

June  10, 1880 

190 

5 

210 

Feb.  23,1887 
Feb.     2,1899 

Feb.  14,1903 

Apr,    17,1874 

106 

49 

Apr.  21,1910 

6 

7 

212 
211 

July     2,1884 

Apr.    18.1874 

110 

17 

9 

212 

May      7, 1874 
June     y,  1874 

149 

145 

Feb.   14,1903 
June  19,1886 

Feb.    8,1881 
Mar.    2,1881 

34 

171 

260 

68 

107 

1 

20 

Feb.  14,1903 

Feb.   18,1895 

2 

21 

Do. 

June   20. 1874 

339 

410 

Mar.     3, 1881 
Mar.     4,1911 

May    4,1882 

117 

2-4, 10 
6 

473 

474 

Do 

344 

2 

470 

7 

472 

4-6 

471 

June  18,1878 

8 

472 

Mar.  26,1908 

7 

8 

10-12 

409 

474 
304 

May     4,1882 

Aug.    2,1882 

374 

9 

1 
2 

409 
138 
140 

Dec.   19,1908 

13 

305 

Mar.    3,1897 

3 

141 

June   22,1874 

391 

2-4 

6,7 

5,8 

172 
173 
174 

Feb.  14,1903 
June  10,1890 

4,5 
6 

7 
8 

142 
143 

144 
144 

15,17,18 

175 

9 

145 

Feb.     9,1905 

19 

175 

Jan.    22,1875 

10,11 

146 

Feb.  14,1903 

20 

176 

12,13 

147 

Jan.     22, 1875 

22 
156 

176 
93 

Aug.    5,1882 

398 

1 

26 
29 

Mar.      3, 1875 

3 

5 

94 

2 

31 

Mar.     3,1891 

4 

464 

3 

30 

Feb.  14,1903 

July    12,1876 

185 
287 

6 

93 
233 

478 

June  26,1884 
Mar.     3,1891 

Aug.    7,1882 
Do 

433 
441 

1 
1 

120 
113 

Mar.     3, 1891 
Mar.     1,1895 

Aug.    15,1876 

Feb.  15,1902 

June    18,1878 

265 

4 

473 

Mar.  17,1906 

5 

473 

Mar.    3,1883 

133 

17 

Jan.    16,1895 

6 

469 

Do 

J.R.22 

1-3 

413 

7,8 

470 

Aug.    3,1894 

June  26, 1884 

121 

1 

54 

May   28,1896 

9 

472 

2 

72 

10 

471 

4 

102 

Dec.  21,1898 

11 

473 

6 

80 

Do. 

12 

410 

Jan.    21,1897 

9 

82 

June  19,1886 

June    20, 1878 

359 
105 
182 
54 
190 

376 
412 
376 
17 
209 

Mar.     3, 1879 
June  14,1880 

12 
13 
14 

91 
105 
221 
164 
152 

.Dec.   21,1898 

Feb.    26,1879 

June  19,1886 

Mar.      .3,1879 

June    30,1879 

June    10,1880 

1 

Do. 

2 

209 

Feb.  23,1887 

14 

152 

Apr.  30,1900 

3 

210 

16 

218 

July   24,1897 

96694°— 11- 


-33 


513 


614 


NAVIGATION  LAWS  OF  THE  UNITED  STATES. 
Acts  Subsequent  to  Revised  Statutes — Continued. 


Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

Page 
of  this 
vol- 
ume. 

Amended  or 
affected. 

Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

Page 
of  this 
vol- 
ume. 

Amended  or 
affected. 

June   26,1884 

121 

18 
19 

109 
64 

Jan.      4, 1889 
Mar.      2, 1889 

19 
415 

464 
263 

July     1,1902 

3 

20 

66 

Mar      3  1897 

Do 

418 

124 

Mar.  3, 1905 
Feb.  14,1903 

21 

20 

Do 

418 

125 

23 

300 

Mar.    27,1890 

51 

1 

275 

July     1, 1902 

24 

209 

2,3 

276 

25 
26 

26 

199 
153 

310 

July     5,1884 

Feb.  14,1903 

Do. 

May    24,1890 
June   10,1890 

292 
407 

305 
485 
214 
172 

Mar.     3, 1893 

22 

26,27 

29 

27 

450 

June  19,1886 
Feb.  14,1903 

June   25,1890 

Aug.   19,1890 

Do 

616 

115 

29 

180 

801 
802 

81 
331 

May  28,1894 

July      2,1884 
July      5,1884 

July      7, 1884 
Feb.    26,1885 

142 
221 

332 
164 

212 
449 
450 
308 
295 

Do. 

Aug.   28,1890 
Aug.   30,1890 

814 
839 

2 

2 

3,4 

497 
322 
323 

Feb.  19,1900 
Jan.  19,1907 
Feb.  14,1903 

1,2 
3-6 

2 

June    19,1886 

421 

1 

2 
4 

484 

68 
109 

Feb.  14,1903 
June  25,1910 
Mar.     4, 1911 
Feb.  18,1895 

Sept.     4,1890 
Do 

874 

875 

5 

6-8 

9,10 

1,2 

1,2 

156 
314 
316 
438 
328 

5 
6 

30 
19 

Sept.  30,1890 
Oct.      1,1890 

1124 
1266 

186 
376 

3 

7 

240 

Dec.    22,1890 

26 

114 

Jan.    18,1897 

8 
13 
16 

238 
105 
369 

Feb.   17,1898 
Feb.     8,1895 

Feb.    21,1891 

250 

1 

20 

Mar.  3, 1905 
May  16,1906 
Jan.    20,1897 

17 

154 

2 

21 

Do. 

July      9,1886 

755 

18 
1 
2 

82 
132 
132 

Feb.  23,1901 

Mar.     3, 1891 

519 

1-3 

4 

5-9 

297 
298 
299 

3 

123 

Do 

521 

1,2 

311 

Feb.    23,1887 

210 
215 

1-3 

326 
210 

Do 

Do 

542 
551 

478 
466 

Do 

„ 

Mar.  2,1895 
Feb.  14,1903 

Do 

218 
221 

212 
213 

Do 

555 

1,2 

311 

Do 

Mar.     3, 1887 

339 
17 

154 

442 

May    10,1892 

63 

1-3 
4 

42 
43 

Do. 

Feb.    29,1888 

1-4 

5-10 
11-13 

443 
444 

June     3, 1892 

86 

1 
2 

186 
202 

May    16,1888 
June   29,1888 

257 
496 

1 

2 
1 
2 

401 

401 
396 
397 

Mar.     3,1899 

Feb.  14,1903 

Do. 

July    26,1892 

Feb.      6,1893 
Feb.    13,1893 

248 

64 
105 

1 

2 

1,2 

1-3 

4-7 

156 
157 
401 
110 
111 

Do. 
Do. 

Aug.     1,1888 
Aug.   11,1888 
Oct.    18,1888 

727 
860 
1197 

3 
4,5 

1 
2 

397 
400 
276 
391 
129 

Aug.  18,1894 
July     1, 1902 
Feb.  14,1903 

Feb.    15,1893 

114 

1 
2 

3,11 
4 
5 

271 
271 
272 
466 
273 

Aug.  18,1894 
Mar.  3, 1901 
July     1,1902 

TABLE    OF   LAWS. 
Acts  Subsequent  to  Revised  Statutes— Continued. 


515 


Date. 


Feb.    15, 


Do 

Mar.      3, 1893 

Do 

Do 

Oct.  31,1893 
Jan.  22, 1894 
Apr.   6, 1894 


May    28, 


Aug.     3, 1894 

Do 

Aug.     4,1894 
Aug.   18,1894 


Do , 

Aug.    27,1894 


Dec. 

15,1894 

Jan. 

16, 1895 

Feb. 

8, 1^5 

Feb. 

18,1895 

Feb. 

19,1895 

Mar. 

1, 1895 

Mar. 

2,1895 

Chap, 
ter  of 
Stat- 
utes. 


117 
202 
206 
211 
J.R.12 
16 
57 


83 


192 
202 
213 
299 


300 


Section, 


64 


102 
146 
173 


177 


6,10 
7 
8 
12 


1-3 
4-7 

8-12 


of  this 
vol- 
ume. 


,13,20 
17,18 


1 
2-4 


274 
275 
466 


295 
305 
374 
121 
259 
260 
261 
331 
342 
344 
412 
473 
94 
296 
397 
394 
391 
272 
467 
185 
217 

218 
319 

186 
310 

36 
17 
18 

44 


366 
68 


113 
25 


28 


30 


Amended  or 
affected. 


Mar.     3, 1901 


Do. 
Feb.  17,1898 

Feb.  14,1903 


Do. 


June  13,1902 
Do. 

Feb.  14,1903 
July  24,1897 

Do. 
Feb.  14,1903 
July  24,1897 

Do. 
Aug.    5,1909 

Mar.     2, 1896 
Feb.  14,1903 


Do. 


Mar.  3,1897 

Dec.  21,1898 

Apr.  11,1904 

Feb.  14,1903 

Feb.  15,1902 


Feb.  14,1903 


Do. 


Date. 


Mar.  2, 1895 

Do 

Feb.  5, 1896 

Mar.  2, 1896 

Mar.  6, 1896 

Mar.  16,1896 

Apr.  25,1896 

May  9, 1896 

May  19,1896 

May  21,1896 

May  22, 189G 

May  28, 1896 

Do 


June     8, 1896 

June   10,1896 

Do.. 

June    11,1896 
Jan.    18, 1897 


Jan.  20, 1897 

Jan.  21, 1897 

Mar.  2, 1897 

Mar.  3, 1897 


Chap- 
ter of 

Stat- 
utes. 


Mar.      3, 1897 


Apr.    23,1897 
June     7, 1897 


177 
189 


401 
403 
420 
61 


67 


83 
358 


Section. 


1 
2-4 


2 
19 

2,3 
2 
1 

2-4 


Page 
of  this 
vol- 
ume. 


179 
420 
345 
310 
372 
372 
497 
319 
202 
394 
395 
216 
497 
481 
54 
55 
214 
215 
340 
497 
255 
114 


20 
21 

410 

324 

452 
27 
66 
84 

369 
85 
86 
69 
16 

305 

369 

371 

118 

189 

191 

184 
63 

319 

345 

347 

349 

354 

346  I 


Amended  or 
affected. 


Feb. 
Apr. 


Feb. 
Apr. 


14,190S 
26, 1906 


14, 1903 


Feb.  14,1903 

Do. 
Mar.     3, 1897 
June    7, 1897 
Mar.     3, 1905 
May   16,1906 


Mar.  16,190$ 
Feb.  14,1903 


Dec.  21,1898 
Feb.  14,1903 

Do. 

Do. 

Feb.  19,1900 
Feb.  14,1903 

Do. 


516  NAVIGATION  LAWS   OF  THE  UNITED   STATES. 

Acts  Subsequent  to  Revised  Statutes— Continued. 


Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

Page 
of  this 
vol- 
ume. 

Amended  or 
affected. 

Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

ofthfs 
vol- 
ume. 

Amended  or 
affected. 

June     7, 1897 

4 

5 
5 

366 
371 

Feb.  14,  1903 

Mar.     3, 1899 

425 

16 
17,18 

389 
390 

July    24,1897 

11 

11 
12 

185 
217 

19 
20 

392 
393 

June  13,1902 

13,19,28 

218 

Do 

429 

56-58 

256 

14 

218 

142,460 

254 

23 

157 

173 

263 

Apr.  21,1910 

24 

158 

174 

257 

Feb.  14,1903 

25,26 

319 

175 

255 

Do 

13 

152 

310 

Dec.    29,1897 

3 

1-6 

258 

Apr.  21,1910 

176 

255 

Apr.  21,1910 

7-10 

259 

.  460 

254 

Do. 

Feb.    17,1898 

26 

1,2,3 

238 

Do 

441 

111 

3 

255 

Feb.    14,1900 
Feb.    19,1900 

19 

107 

4 

226 

22 

1,2 

336 

Mar.    22,1898 
Apr.    22,1898 
May    14,1898 

85 

313 

May   25,1900 

1,2 

348 

.R.25 

415 

Mar.    23,1900 
Mar.    31,1900 

90 

57 

299 

14 

256 

120 

1 

145 

Feb.   14,1903 

Dec.    21,1898 

28 

1 
2 
3 

65 
70 
75 

2,3 

166 
145 

166 

4,5 

76 

June  28,1906 

Apr.    12,1900 

191 

4 

497 

Do. 

4 

98 

Mar.     3, 1905 

4,8,14 

245 

6 

77 

June  28,1906 

9 

245 

Do. 

7 

100 

10,13 

246 

July     1, 1902 

8 

101 

July     1,1902 

Apr.    30,1900 

339 

5 

242     May  27,1910 

9 

101 

6,97,98 

242 

July     1,1902 

10 

102 

75 

243 

11 

98 
102 

10, 89 
95,90 

244 
243 

12 

103 

May      9, 1900 

387 

1-2 

388 

13,14 

104 

3,4 

389 

15 

106 

May    21,1900 

487 

2 

203 

16-18 
19 

73 
86 

May    25,1900 
June     6, 1900 

555 

786 

313 
264 

2 

20 
21 

88 
80 

Do 

Do 

791 
819 

467  !  Feb.    14.1903 

1,2 

402 

Do. 

22 

89 

Feb.    20,1901 

386 

127 

Mar.     3, 1905 

23 

92 

Feb.    23,1901 

465 

1 

132 

24 

78 

Feb.  14,1903 

Mar.      2, 1901 

805 

321 

June    3,1902 

Apr.  26,1904 

Mar.     3, 1901 

836 

272 

June  28,1906 

274 

24 

91 

465 

29 
84 

25 
1-3 

63 

69 

55 

211 

Do 

Do 

Feb.    15,1902 
Mar.      8, 1902 

857 
863 
23 
140 

497 
411 
113 
250 
261 

Feb.   14.1903 

June  29,1906 

Do 

Feb.     2,1899 

1 
2 

Mar.     3,1899 

424 

401 

Do 

425 

9 
10,11 

383 
384 

4 
6 

249 
251 

12,13 

385 

Mar.     3, 1905 

7,8 

252 

14,15 

387 

May     9, 1900 

Apr.    29,1902 

637 

159 

Feb.   14,1903 

TABLE   OF   LAWS. 
Acts  Subsequent  to  Revised  Statutes — Continued. 


617 


Date. 

Chap- 
ter of 

Stat- 
utes. 

Section. 

Page 
of  this 
vol- 
ume. 

Amended  or 
affected. 

Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

Page 
oftiiis 
vol- 
ume. 

Amended  or 
affected. 

Apr.    29,1902 

641 

1 

296 

Mar.     3,1905 

1457 

9 

114 

May      9, 1902 

784 

5 

320 

10 

367 

May    13,1902 

J.R.20 

375 

Do 

1482 

4 

386 

June     3, 1902 

905 

321 

Mar.     4, 1907 

Do 

1496 

2,4 
0 

318 

June    13,1902 

1079 

1 

378 

319 

4 

421 

Feb.    27,1906 

510 

3 

482 

11 

394 
394 

Mar.    17,1906 
Mar.    23,1906 

955 
1130 

113 
378 

1 

12 

393 

4,5 

379 

June    24,1902 

1155 

1 

2 

37 

47 

Apr.      9, 1906 
Apr.    24,1906 

1372 
1865 

461 
44 

1 

June   28,1902 

1302 

1-3 
5-7 

416 
417 

2 
3 

46 
45 

8 

418 

Apr.    26,1906 

1874 

1,2 

372 

July      1, 1902 

1368 

414 

June  29,1906 

Do 

1875 

451 

Do 

1369 

1 

248 

May    12, 1906 

2453 

232 

2,11 

252 

Do 

2454 

374 

3 

249 

May    16,1906 

2460 

114 

84 

249 

May    28,1906 

2565 

128 

Do 

1370 

1 

4,9 

276 
465 

Do 

June   11,1906 

2566 
3071 

238 
133 

Do 

1383 

1 

242 

Do 

3075 

1,3 

247 

Jan.     26, 1903 

196 

2 

69 

June    14,1906 

3299 

1 

268 

Feb.      2, 1903 

349 

1 

315 

2-4 

269 

2,3 

316 

June   19,1906 

3433 

1,3 

278 

Feb.    14,1903 

552 

1,2 

3,4 

445 
446 

4 

5 

279 
280 

5,7 

447 

June   20,1906 

3442 

1-2 

422 

8-10 

448 

Do 

3447 

3,4 

423 

Apr.    11,1904 

1140 

80 

June  25,1906 

J.R.35 

420 

Apr.    13,1904 

1252 

81 

June  26,1906 

3547 

1.2 

264 

Apr.    27,1904 
Apr.    28,1904 

1625 

222 

3 

265 

1758 

1 

419 

4-6 

266 

Do 

1766 
J.R.36 

421 
422 

7-12 
13,14 

267 
268 

Do 

Feb.     3, 1905 

297 

295 

June   28,1906 

3583 

4 

76 

Feb.      6,1905 

453 

6 

296 

77 

Feb.      9, 1905 

564 

145 

June   29,1906 

3590 

414 

Mar.     2, 1905 

1311 

1454 

420 
98 

Do 

Do 

3592 
3594 

296 
317 

Mar.     3,1905 

1 

1,2 

2 

116 

3,4 

318 

3 

4 

124 
134 
137 

Do 

Do 

June   30,1906 

3597 
3612 
3909 

420 
411 
197 

Do 

1456 

119 
125 

Do 

Do 

3913 
3915 

322 
323 

2 

2 

Do 

1457 

1,2 

462 

3 

324 

3 

134 

Do 

3919 

126 

4 

114 

May   16,1906 

Do.: 

3937 

411 

5 

136 

Jan.     19,1907 
Jan.    25,1907 

300 

336 

6 

116 

398 

55 

7 

125 

Feb.      6, 1907 

471 

458 

8 

127 

Feb.     8, 1907 

892 

459 

518  NAVIGATION  LAWS  OF  THE  UNITED   STATES. 

Acts  Subsequent  to  Revised  Statutes— Continued 


_ ^ 

Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

Page 
of  this 
vol- 
ume. 

Amended  or 
affected. 

Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

Page 
of  this 
vol- 
ume. 

Amended  or 
affected. 

Feb.    19,1907 
Feb.    20,1907 

991 
1134 

1 

2 

3 

4-7 

8-9 

55 
281 
282 
284 
285 
286 

Mar.  26,1910 

Mar.     4, 1909 

321 

72 
82 
107 
200 
204 
232 

435 
61 
464 
300 
301 
130 

10,11 
12 

287 
287 

Mar.     4, 1909 

233 
234 

131 
129 

13-15 

289 

235,236 

130 

16.17 

290 

272 

408 

18,19 

291 

272 

431 

20,21 

292 

273-277 

432 

22 

467 

278-283 

433 

23,24 

468 

284 

434 

25 

469 

286-288 

434 

26,32,33 
35-38 

293 
294 

289 
290 

436 
440 

41 

295 

291 

435 

Mar.     4,1907 

2907 

311 

292,293 

436 

321 

294 

440 

Mar.    16,1908 

170 

324 

295,296 

436 

Mar.    24,1908 

96 

1,2 

422 

297-300 

437 

Mar.    26,1908 

99 

3 

472 

301 

438 

Apr.     2, 1908 
Apr.    16,1908 

123 

118 

302 

441 

145 

1 

474 

303 

404 

Apr.    28,1908 

151 

1-4 

373 

304-307 

441 

Apr.    29,1908 

152 

1-5 

249 

308 

415 

May    14,1908 

168 

6 

377 

309 

416 

May    23,1908 

187 

1,2 

498 

310 

438 

May    28,1908 

212 

1 

183 

310 

441 

2 
3,4 

55 
133 

Aug.     4,1909 

6 

7 
12,13 

185 
319 

5 

19 

15 

158 

7 

376 

16 

157 

8 

398 

17 

168 

8 

399 

18 

218 

9 

461 

19 

217 

10 

99 

20 

218 

11-15 

100 

21 

413 

Dec.    19, 1908 

6 

138 

22 

218 

Feb.      6, 1909 

82 

1 

25 

25 

219 

Do 

Feb.     9, 1909 

82 
100 

2 
1,2 

26 
327 

36 
37 

150 
18 

Mar.     8,1910 

Feb.    16,1909 

132 
244 
264 

264 
305 

398 
122 
395 
377 

287 

;  Mar.     8,1910 
Mar.    26,1910 

86 
128 

par.  428 
par.  535 

217 
217 
151 
282 
284 

Mar.      2, 1909 
Mar.      3, 1909 

1,2 
5 
6 

Do 

Mar.      4, 1909 

2 
3 

Do 

321 

9-11 

12-14 

15-17 

18 

44 

403 

404 

405 

!    406 

1    415 

Apr.    21,1910 

183 

1-3 

4 

5 

6.7 

8 

262 
263 
255 
263 
258 

TABLE   OF   LAWS. 
Acts  Subsequent  to  Revised  Statutes — Continued. 


519 


Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

Page 
of  this 
vol- 
ume. 

Amended  or 
affected. 

Date. 

Chap- 
ter of 
Stat- 
utes. 

Section. 

of  this 
vol- 
ume. 

Amended  or 
affected. 

Apr.    21,1910 
Apr.    27,1910 

183 
193 

258 
268 

283 
301 

359 
360 

373 

9 

479 
498 
242 
329 
330 
331 
425 
426 
474 
475 
476 
386 
380 
381 
382 
423 
424 

June    24,1910 

June    25,1910 

Do 

Feb.    13,1911 

Mar.     3,1911 

Do 

Do 

Mar.      4,1911 

Do 

Do 

Do 

Do 

379 

384 

402 

46 

208 

209 
217 
237 

239 
241 
265 

285 

1-4 

424 
485 
133 
197 
198 
82 
410 
426 
498 
425 
450 
485 
413 
300 
410 
411 
423 

May    27,1910 

June     9, 1910 

1-3 

4,5 
6-9 
1,2 
3-5 
4 
5-8 
9-11 

1-3 
4,5 

June   10,1910 

June   17,1910 

June   23,1910 

Do 

1 

2 

3,4 

1-3 

4,5 

Do 

1 
2,3 

ALPHABETICAL  IKDEX. 


Page. 
Abandonment  of  seaman 436 

Abatement  of  claim  prohibited 175 

except  ion 176 

Abutments,  bridge,  obstracting  navigation. .      391 

Accidents,  officers  of  vessel  to  report 136, 304 

Accommodations,  for  crew 26-28, 99, 106 

for  passengers 98, 138, 146 

Actor  not  contract  laborer 283 

Acts,  table  of,  included  in  this  compilation . .      513 
Adjacent  countries.    See  Contiguous  coun- 
tries. 
Admeasurement.    See  Measurement. 

Administrative  officers 445 

Adulterated  products,  interstate  or  foreign 

trade  in 311, 322 

See  also  Live  stock. 

Advance  wages 78 

Advertising,     for     immigrants     in     foreign 

country 285 

mail  contracts 297, 302 

notice  of  trial.    See  Procedure. 

seizures  by  revenue  officers 169 

Agent,  oath  on  issue  of  enrollment  or  license.        47 

oath  on  registry  of  vessel 34, 37 

See  also  Seal  agents;  Special  agents. 
Agreement  of  seaman.   See  Shipping  articles. 

Agreement  to  relieve  owner  of  liability 110 

Aids  to  navigation.    See  Navigation. 

Air  for  steerage  passengers 141 

Air  and  light  space,  exempt  from  m.easure- 

ment 29 

Alaska,  crim.es  and  penalties 256 

destitute  seaman  in 82 

jurisdiction  over  offenses  in. .  258, 259, 201, 2G8, 269 

licenses  and  charges  in,  special 254 

manifests  in  trade  with 161 

remission  of  penalty  incurred  in 310 

salmon  fisheries 264 

seal  agents,  appointment  and  duties 479 

seal  fisheries 255, 258-270, 479 

governor  to  report  on 264 

special  provisions  concerning 254 

subports,  establishm.ent  in 497 

Albany,  N.  Y.,  merchandise  destined  for 190 

warehouses  at 194 

Alien,  fishing  by,  in  Alaska,  prohibited 268 

may  own  steamboat  on  river  or  bay 16 

naturalization  of,  as  seaman 60 

prohibited   from   ownership   in   vessel   of 

United  States 15, 33 

record  of  American-built  vessel  ov/ned  by..        50 

sale  of  vessel  to 40 

temporary  service  as  officer 54 

tonnage  taxes  on  vessel  of 152 


Page. 

Alien,  transfer  of  vessel  to 240 

See  also    Head    tax;    Immigrants;    Immi- 
gration. 

Allotment  of  wages 78 

Allotments  of  appropriations 482 

Alteration  of  marine  documents 53 

Alton,  111.,  merchandise  destined  for 191 

American  Ephemeris,  printing  and  distribu- 
tion    375 

American  seaman.    See  Seaman. 
American  vessel.    See  Vessel. 
Ammunition.    See  Arms  and  ammunition. 

Anarchists,  immigration  prohibited 283, 294 

Anchorage  grounds,  quarantine  stations 274, 

278,279 

special  regulations 401 

See  also  Obstructions  to  navigation. 
Anchored  vessels.    See  Fog  signals;  Lights 
on  vessels. 

Anchors,  inspection  of 98 

Animals.    See  Live  stock. 

Antiscorbutics,  vessel  to  be  provided  with. . .  105 

Appeal,  custom-house  brokers,  for  revocation 

of  license 426 

from  decisions  of  boards  of  inquirj'-,  immi- 
gration sen'ice 469 

from  revocation  of  certificate  of  inspection.  117 

officer  refused  license 116 

Appendix  to  certificate  of  registry. 3C 

Appraisement  of  property  seized  by  revenue 

officer 163 

Apprentices,  form  of  account  of 91 

general  pro v  isions  concerning 62 

ocean-mail  steamer 299 

pilots'  or  engineers' 136 

shipping  commissioner  to  facilitate  mak- 
ing    61 

See  also  Seaman. 

Appro])riations,  limitations  upon 482 

Arbitration  before  shipping  commissioner. . .  81 

Arms  and  ammunition,  ex-port  of 414 

sale  to  Alaskan  Indians  prohibited 254 

sale  to  Pacific  Islanders  prohibited 415 

See  also  Piracy. 

Army,  enforcem  ent  of  neutrality  laws  by 405 

officers  of,  assigmnent  to  canal  and  water- 
ways commissions 421 

Isthmian  Canal  Commission 418 

light-house  districts 476, 477 

coast  surv^eymg  by 4Si 

transportation  of  supplies  for 421 

transports  for  conveying  merchandise  to 

Guam 426 

Arrest  of  vessel  to  be  stayed  under  bond Ill 

521 


522 


ALPHABETICAL  INDEX, 


Page. 

Arriving  aliens,  manifests  of 287 

Arson,  offense  and  punishment 434 

vessel  In  Alaska 25G 

Arthur  Kill,  anchorage  grounds 401 

Articles,  shipping.    See  Shipping  articles. 

Artist  not  contract  laborer 284 

A  ssault,  offense  and  punishment 53, 87, 432, 440 

Assistant  inspectors.    See  Customs  officers; 
I  ocal inspectors. 

Assisted  immigrants  prohibited 283, 285 

Astoria,  Oreg.,  clearance  from 195 

merchandise  arriving  at 193 

Astronomical  meridian 376 

Atlantic-Great  Lakes  Canal 420 

Atlantic  and  Pacific  ports,  trade  between, 

foreign 80 

shipping  articles G3, 68 

Attachment,    wages    and   clothing   exempt 

from 79 

Attorney.    See  Agent. 

Auditor  for  Treasury  Department,  copy  of 

manifest  to 179 

Augusta,  Ga.,  merchandise  destined  for 190 

Automobiles  on  passenger  \esseis 128 

Auxiliary  naval  cruisers 298 

Bacon.    Sec  Meat  products. 

Baggage,  formalities  upon  entry  of 184 

Immediate  transportation  of 210 

inspection  on  frontiers 224 

permit  to  land  on  Great  Lakes 230 

search  of 167, 168 

Barges,  equipment  of  passenger-carrying 127 

inspection,  equipment,  and  requirements 

for  navigation 99-100 

lights  on 347 

when  not  to  be  documented 17 

Barratry,  offense  and  punishm.ent 436 

Bath,  Me.,  anchorage  in  harbor 402 

Bay,  ownership  of  vessel  on 16 

See  also  Inland  waters. 

Bayport,  Fla.,  merchandise  destined  for 190 

Beacons.    See  Bureau  of  Light-Houses. 

Beam,  breadth  of 23 

Beef.    See  Meat  products. 

Beggar  immigrants  prohibited 282 

Bergen  County,  N.  J.,  vessels  documented  at 

Jersey  City 49 

Bering  Sea,  seal  fisheries 258 

Berths  for  steerage  passengers 140 

Berwick,  Me.,  merchandise  destined  for 193 

Between-decks,  method  of  measuring 25 

Bills  of  health,  requirements  as  to 271 

Bills  of  lading HI 

fraudulent,  in  Alaska 256-257 

B ills  of  sale 39 

Births  to  be  entered  in  log-book 107 

Blank  forms,  etc.    See  Supjplies. 
Board.    See  Local  inspectors;     Supervising 
inspectors. 

Boarding  and  search  of  vessel 145, 166, 167, 168 

Boarding  officers,  exhibit  of  list  and  produc- 
tion of  crew 66 

inspection  of  inward  manifests 188 

report  of  violations  to  collector 68 

Boats  employed  on  internal  waters  or  canals 

not  to  be  documented 17 

See  also  Vessels. 


Page. 
Boatswain's  stores,  space  for,  deducted  from 

gross  tonnage 28 

Boiler  spaces,  deducted  from  gross  tonn'  ge. .  28 
Boilers   and   boiler  plates,   ins]  ecri  n   and 

manufacture 119-122 

See  also  Steamboat-Inspection  :  eiv    e. 

Bond,  alien  owner  of  steamboat 16 

cancellation  of  registry 41 

cargo  for  reexport 180 

common  carrier,  goods  for  immediate  trans- 
portation   210 

entry  of  baggage  and  tools  of  trade 184 

express  packages,  importation 215 

libel  cases Ill 

master's,  to  secure  passp  ort 165 

night  lading  or  unlading 197 

on  delivery  of  imported  merchandise  in 

coasting  trade 182 

to  secure  duties 182 

to  secure  imports  atspecial  ports 191 

to  secure  proper  use  of  imported  tea  waste, 

etc 325 

to  secure  property  seized  by  revenue  offi- 
cers    1 G9 

transportation  of  merchandise  in 206 

Bonded  merchandise.    See  Merchandise. 

Bonded  routes 206 

Bonded  warehouses,  in  Philippines 252 

list  of  ports  at  which  establisl  ed 496 

Bonds,  Isthmian  Canal,  authorized 418 

Bonds  and  notes.  United  States,  vessels  re- 
quired to  carry 161 

Books,  summons  to  produce 174 

See  also  Log  books. 

Bottom,  measurement  of  double 26 

Bottomry,  lien  by 39 

Boundary  marks.    See  Public  works. 

Boundary,  State,pilot  on  waters  forming 148 

Branding,  false.    See  Adulterated  products. 

Brands  on  merchandise 185 

Breach  of  duty.    See  Penalty. 

Breadthof  vessel,  how  detennined 23 

Break,  method  of  measuring 25 

Breakwater  obstnictmg  navigation 384 

Bribery  and  solicitation  of  bribes 52, 53, 214 

Bridges  across  navigable  waters 378-384 

abutm.ents,  draws,  piers,  spans,  etc.,  ob- 
structing navigation 390, 391 

British    North    America,    consular  fee   for 

certifying  invoice  for 221 

discriminations    against    American    goods 

and  vessels  in  ports  and  waters  of. . .  154, 156 
lading  or  unlading  in  Unite  i  States  of  ves- 
sels laden  with  products  of 231 

merchandise  in  transit  for  or  through 208 

restrictions    and   privileges    of  commerce 

with 222-231 

See  also  Canada;  Contiguous  countries. 

Brokers,  licensing  of  custom-house 425 

BrowTisvalle,  Tex.,  merchandise  destined  for.  193 

Build,  change  of 38 

Builder's  certificate 32 

Bulk  cargo,  privilege  of  vessel  with 180 

Bulkheads,  obstructing  navigation 384 

water-tight 123 

See  also  Public  works. 


ALPHABETICAL  INDEX. 


528 


Page. 
Bullion  and  coin,  American  vessels  required 

to  carry 161 

Buoys,  method  of  marking 375 

See  also  Bureau  of  Light-Houses;   Public 
works. 
Bureau  of  Immigration  and  Naturalization, 

change  in  name 296 

organization,  powers,  and  duties 466 

See  also  Immigration. 
Bureau  of  Light-Houses,  orgatr.^adon,  pow- 
ers, and  duties 474-478 

Bureau  of  NaA^gation,  powers  and  duties 449 

Burglary.    See  Plimdering. 

Burlington,  Iowa,  merchandise  destined  for. .  191 

Burning.    See  Arson. 

Butter,  inspection  and  marking 320 

See  also  Live  stock. 

Cabins,  measurement  deductions 23, 28 

Cables,  inspection  of  ships' 98 

protection  of  submarme 442 

Cadets  on  ocean-mail  steamers 299 

Catieine,  imports  of  tea  waste,  etc.    Tor  pro- 

ducmg : . . .  324 

Cairo,  111.,  merchandise  destined  for 191 

California,  establishment  of  subports 498 

jurisdiction  over  offenses  in  Alaska 258, 

259,261,208,269 

remission  of  penalty  incurred  in 310 

Camden,  N.  J. ,  vessels  documented  at 49 

Canada,  aid  to  wrecks  on  border  of 305 

discrimination  on  canals  of 156 

record  of  alien  departures  for 287 

transit  of  merchandise  through 208, 250 

vessel  making  daily  trips  to 151 

vessels  touching  at  ports  of 153 

See  also  British  North  America;  Contigu- 
ous countries;  Great  Lakes;  Immi- 
gration. 

Canal  boat,  exempt  from  libel  for  wages 78 

inspection  of 114 

lights  on 347 

marme-hospital  relief  not  to  be  afforded 

em.ployees  on 93 

when  not  to  be  documented 17 

Canal  Zone,  destitute  seamen  in 82 

exempt  from  immigration  laws 293 

immigration  ^ia 282 

manifests  in  trade  with. 161 

See  also  Panama  Canal. 

Canals,  discrimination  on  Canadian 156 

exemptions  from  tolls 377 

inspection  of  vessels  on 113 

regulation  of  navigation  of 394 

wrecks  on  northern  border 305 

See  also  names  of  canals;  Documents;  In- 
land waters. 

Cancellation  of  register  or  license 41 ,  47 

Capture  of  private  property  at  sea 422 

See  also  Piracy. 

Cargo,  damage  to,  by  seaman 87 

See  also  Merchandise. 

Carpenter's  certificate,  what  to  contain 32 

Casting  away  vessel  in  Alaska 256 

Cattle.    See  Live  stock. 

Cattle  ships,  regulation  of 311 

Causeways,  authority  for  construction 383 


Page. 
Certificate— 
of  inspection  of  steam  vessel,  general  pro- 
visions    133 

record  of 403 

revocation  of 99, 117 

to  show  complement  of  officers  and  crew.  118 

to  show  number  of  passengers  permitted.  132 
of  record  of  American-built  vessel  o  wned  by 

alien 50 

of  registry,  app3ndix  to 30 

cancellation  of  bond  and 41 

change  to  enrollment 43 

conditions  precedent  to  granting 22, 32 

custody  and  surrender  of 36 

deposit  on  entry 164 

deposit  with  consular  officer  abroad 165 

failure  to  surrender 41 

foreign  vessel  built  in  United  States 16, 50 

forgery  of 58 

form  of 35 

formalities  on  change  of  ownership,  build, 

or  master '  38, 48 

issue  to  corporations 37 

loss  of 40 

not  granted  before  inspection 114 

offenses  and  penalties  relating  to 52, 53 

place  of  issue 33 

temporary 34 

to  be  numbered  and  bear  Department  seal.  36 

what  to  contain 29 

iSee  also  Registry. 
See  also  Citizenship;  Discharge  of  seaman; 
Enrollment  and  license;  Measurement. 

Certification  of  marine  paper 48 

Change   of  build,   master,   name  of  vessel, 
owner,  trade.    Sec  Build,  Master,  etc. 

Channels,  obstructing 384, 387 

Charges.    See  Fees. 

Chart  house,  deducted  from  gross  tonnage ...  28 

Charterer  of  vessel,  deemed  the  owner 109 

Charts,  manuals,  etc.,  preparation,  printing, 

and  distribution 375 

See  also  Coast  and  Geodetic  Survey. 

Chattels,  definition 177 

Chemicals  on  passenger  vessels 127-128 

Chesapeake  City,  Md. ,  vessels  documented  at.  49 

Chicago  Harbor,  anchorage  in 401 

dumping  regulations 387 

Chief  of  Engineers,   bridges,  improvements 
or  obstructions  to  na\'igation,  public 

works,  etc.,  under  supervision  of 378-395 

See  also  Army. 
Cliief,  Revenue-Cutter  Service,  appointment 

and  duties 474 

Children,  immigration  limited 283 

immigration  of  nat'oralized  alien's 294 

pension  to  deceased  life  savers' 472 

Chinese,  importafion  of  opium  by 326 

Cholera.    See  Health. 

Cigars,  packing,  entry,  and  inspection 186 

Cincinnati,  Ohio,  merchandise  destined  for. .  191 
Circuit  court,  jurisdiction    over   appeals  of 

custom-house  brokers 426 

Citizenship,  crews  of  contract  mail  steamers. .  298 

officers  and  owners  of  vessels 15, 44, 54 

seamen 60 

See  also  Alien. 


524 


ALPHABETICAL  INDEX. 


Page. 
Claim  for  property  seized  by  revenue  officer, 

how  filed 169,170 

Claims,  abatement  or  compromise  of  Gov- 
ernment       1"^ 

Cleanliness  among  steerage  passengers 143 

Clearance,  at  special  ports 195 

coasting  trade 232.234,236 

conditions  precedent  to  granting 159-162 

effect  of  State  inspection  lav,  s 161 

fees 1G2,4S4 

ferryboat  exempt  from 182 

for  another  great  district 234 

form  of 161 

vessel  on  Great  Lakes 228, 229 

vessels  exempt  from  certain  fees 183 

vessels  in  Philippine  trade 249-250 

withheld  till  compliance  with  steerage  law.      147 

within  a  great  district 232 

yacht  exempt  from 17 

See  also  Health. 
Clothing  of  seamen ,  exempt  from  attachment .        79 

forfeiture  for  desertion,  and  disposition 86. 88 

vessel  must  carry  slop  chest 105, 106 

Coal,  cargo  destined  "for  orders" 186 

duty  on 217 

export  prohibited,  when 415 

free  entry  as  equipment  of  vessel 184 

special  entry  of 180 

time  limit  for  unlading 202 

Coal  bunkers,  deducted  frors  gross  tonnage . .        28 

Coast  and  Geodetic  Survey,  charts 376 

purposes  and  duties 480 

Coasting  districts.    See  Great  districts. 

Coasting  laws,  application  to  Alaska 254 

application  to  Philippines 249 

evasion  on  frontiers 222 

offenses  against,  and  penalties 240 

Coasting  trade,  between  Long  Island  and 

Rhode  Island 237 

chapter  relating  to 232 

clearance  in 232, 234, 2.36 

delivery  of  imported  merchandise  in 181 

definition  of 86 

entry  in 233, 235, 236 

exempt  from  tonnage  tax 1.50-151 

foreign  merchandise  in 180,231 

foreign  tugboat  in 23  j 

foreign  vessel,  barred  from 258 

on  Great  Lakes 222 

may  distribute  cargo  in 238 

form  of  license  for 45 

officers  authorized  to  document  vessels  to 

engage  in 49 

on  Mississippi  and  tributaries 236 

registered  vessel  in 238 

report  of  entry  at  other  than  place  of  desti- 
nation       238 

shipping  articles 64, 68,  G9 

between  Atlantic  and  Pacific  ports 63, 68 

vessel  built  of  dutiable  material  barred 

from 218 

vessel  engaged  in,  touching  at  for«ign  ports.      230 

vessels  entitled  to  engage  in 16 

with  Alaska 234 

with  guano  islands 4rs 

with  Hawaii 242 

with  Philippines 249 


Page. 

Coasting  voyages  of  foreign  vessels 239 

Cod  fisheries.    See  Fisheries. 

Coin  and  bullion,  American  vessels  required 

to  carry 161 

Cold  Spring,  N.  Y.,  merchandise  destined  for.  193 

vessel  may  be  documented  at 49 

Collectors  of  customs- 
duties  pertaining  to  certificates  of  inspec- 
tion    133 

certificates  of  registry 36 

clearances 159 

crew  lists 66, 67 

documents  of  vessels 46, 48 

mortgages,  bills  of  sale,  etc 39 

motor  boats 331 

passenger  accommodations 146 

record  of  cit  izenship  of  seamen 00 

report  and  prosecution  of  violations  of 

revenue  laws C8, 171, 172 

returns  of  passenger  lists 145 

shipping  seamen 61 

steamboat-inspect  ion  laws 137 

offenses  of,  relating  to  marine  docum.ent. . .  52, 53 
See  also  Customs  officers;  Treasury. 

Collisions,  duty  to  stay  by  in 328 

liability  in  case  of 108, 137 

rules  to  prevent.    See  Rules  of  the  road. 

to  be  entered  in  log  book 107 

vessels  of  Light-House  Service,  adjustment 

of  damages 475 

Colombia.    See  Panama  Canal. 

Colorado,  establishment  of  subports  in 497 

Columbia  River.    See  Astoria;  Portland. 

Commerce,  epidemic  may  suspend 275 

Commerce  and  Labor,  organic  act  of  Depart- 
ment of 445 

Commercial  agents.    See  Consuls. 
Commissioner  of  Internal  Revenue,  Philip- 
pine shipments  regulated  by 251 

Commissioner  of  Light-Houses,  appointment, 

powers,  duties,  and  responsibilities. .  474-478 
authority  or  direction  to,  concerning  aids  to 

navigation 375-377 

towing  regulations  for  barges 100 

Commissioner  of  Navigation,  appointment, 

powers,  duties,  and  responsibilities 449 

authority  or  direction  to,  concerning  allot- 
ments    79 

cancellation  of  registers 41 

changing  name  of  vessel 20 

consolidating  enrollment  and  license 45 

measurement  exemptions 29 

navigation  laws 30 

numbering  vessels 19 

private  signals,  registration 376 

record  of  American-built  vessels  owned 

by  aliens 51 

record  of  certificates  of  registry 36 

registry  of  Porto  Rican  vessels 245 

towing  regulations  for  barges 100 

decision  on  tonnage  tax,  effect 153 

Commissioner  -  General      of      Immigration, 

powers  and  duties 281-296, 466 

Commissioners,  district  court 481 

Common    carriers,    bonded    for    immediate 

transportation 210 

exempt  from  forfeiture 171 


ALPHABETICAL  INDEX. 


525 


Page. 

Compromise  of  claim  prohibited 175 

exception 176 

Comptroller  of  the   Treasury,   enforcement 

of  quarantine  laws  by 278 

to   allow   for   transportation   of   destitute 

seamen 82, 83 

Condemnation,  costs  of,  how  paid 169-173 

See  also  Procedure. 

Consul,  aid  to  and  report  on  wrecks 305 

complaint  to,  by  crew 103 

deceased  seaman's  wages  and  effects  cared 

for  by 83-86 

destitute  seaman  cared  fcr  by 82 

duties  as  shippin.f:  commissioner 65 

foreign,  not  to  return  registers  until  clear- 
ances granted 164 

inspectors  appointed  by 102 

jurisdiction  over  seaman 94 

naval  ofTicer  acting  as 221 

prohibited  from  profiting  from  services  to 

seamen 221 

reports  on  sanitary  conditions 466 

reports    to    Secretary    of    Commerce    and 

Labor 447 

services  to  vessels 220 

statement  of  services  to  be  furnished  to 

mas  ter 164 

to  reclaim   deserters,    investigate   charges, 

etc 80 

See  also  Fees;  Health;  Tonnage  charges. 

Consulates  of  United  Slates,  list  of 499 

Consumptive  immigrants  prohibited 282, 286 

Contagious  diseases.    See   Excluded  classes; 
Health;  Live  stock. 

Contiguous    countries,    admission    of    aliens 

through 293 

bill  of  health  in  trade  with 272 

citizens  exempt  from  head  tax 281 

commerce  with,  restrictions  and  privileges.      222 

documenting  of  vessels  in  trade  with 16, 17 

engagement  of  seamen  in  trade  with 63, 68 

remission  of  penalty  incurred  on  frontiers.      310 

trade  with,  domestic 86 

See  also  Canada;  Great  Lakes;  Mexico. 

Contract  laborers.    See  Laborers. 

Contract  of  seaman.    See  Shipping  articles. 

Contracts,  limitations  upon  Government 482 

Conviction,  entry  in  log  book 106 

Cook  County,  111.,  dumping  in  Lake  Michi- 
gan        387 

Cooking  arrangements, steerage  passengers. . .      142 

Corporal  punishment  prohibited 89 

Corporation,  American,  may  own  vessel 15 

enrollment  and  license  to 47 

may  improve  rivers 378 

register  to 37 

Cotton  on  passenger  vessels 127 

Counsel,  officer's  right  to 55 

Count  of  passengers.    See  Manifest. 

Counterfeiting,  marine  documents 52, 53 

stamps  for  boiler  plate , 121 

Courts.    See  Circuit  courts;  District  courts. 

Crew,  accommodations  for 26-28, 99, 106 

full  complement  required 65, 118 

rules  concerning  papers  relating  to 67 

See  also  Seaman. 

Crew  list,  what  to  contain,  and  formalities 

concernin? 66, 67 


Page. 
Crimes,  definitions,  trials,  and  punishments.  431 
punishment  for,  committed  in  ceded  terri- 
tory    415 

See  also  Alaska;   Great  Lakes;    Penalty; 
Piracy;  names  of  crimes. 

Criminal  immigrant  prohil^ited 283 

Crimping,  offense  and  punishment 78 

Cruelty,  complaint  by  seaman  of 73 

Cruisers,  auxiliary  naval 298 

Cul^ans  exempt  from  head  tax 281 

Culebra  Island,  possession  authorized 419 

Custody  and  surrender  of  register 36 

Custody  of  property  seized  by  revenue  oflB- 

cers 171 

Custom-house,  removal  during  epidemic 278 

Custom-house  brokers,  licensing 425 

Customs  districts,  delivery  of  cargo  in  vari- 
ous, after  entry 181 

list  of 4S9 

Customs  duties.    See  Duties. 

Customs  inspection  on  frontier 224 

Customs  laws,  application  to  Alaska 254 

directly  relating  to  vessels 107 

Customs  oflicers,  assignment  to  duties  in  light- 
house service 477 

complaints  to,  by  crews 103 

duty  to  enforce  laws 175 

■  fee  schedule 484 

inspection  of  merchandise  in  transit 480 

may  administer  oaths 186 

powers,  duties,  and  responsibilities 452 

sharing  with  informer,  penalty 173 

special  agents  to  examine  records  of 478 

See  also  Collector  of  customs;  Secretary  of 
the  Treasury;  Surveyors  of  customs. 

Customsseals  onfrontier 224 

Bairy  products,  inspection  of 321 

Damage  due  to  defects,  liability  for 118 

Damage  to  passenger,  liability  for 137 

Damage  to  vessel  or  cargo  by  seaman 87 

Dams  across  navigable  waters 378-  384 

Day,  unlading  by,  required 199, 229 

Death,  entry  in  log  book 106 

Death  of  passenger,  payment  for  each 146 

Death  resulting  from  negligence,  etc 433 

Debts  of  seamen,  when  recoverable 80 

Deck  houses,  method  of  measuring 25 

Deck  room  on  steam  vessel 125 

Deck  space  for  immigrant  passengers 138-140 

Decks,  definitions  of  passenger  and  lovv^est 

passenger. 139 

Deductions  from  gross  tonnage 26-29 

Defects,  liability  for  damage  due  to 1 18 

Definition,  day 199 

decks,  passenger  and  lowest  passenger 139 

domestic  trade 80 

foreign  trade 86 

home  port S3 

master 59, 177, 4-^3 

merchandise 177 

motor  boat 329 

net  or  registered  tonnage 23, 29 

ovvTier 59 

person 443 

port 20,33,177 

register  tonnage 23 


526 


ALPHABETICAL   INDEX. 


Definition , registered  vessel . 

sailincr  vessel 

seaman 

seaman's  citizenship . 


Page. 

15 

332,345.360.367 

59,93 

60 


shanghaiing ^^ 

smuggling 1^^ 

steam  vessel 113,332,345,360,367 

steerage  passenger 138 

ton 23 

tonnage  deck 22 

under  way 332,345,360 

"United  States"  in  immigration  lav/ 293 

vessel 15,59,443 

vessel  of  United  States 15,16,441 

visible 332,345,360 

Delaware,  transit  of  merchandise  across 194 

Delivery.    See  Ports  of  delivery. 

Delivery  of  cargo  in  various  districts 181 

Departing  aliens,  manifests  of 288 

Department  of  Commerce   and   Labor,   or- 
ganic act 445 

Departments,    limitations    upon     expendi- 
tures of  Executive 482 

Departure  of  vessel,  informal 179 

Deportation  of  rejected  immigrants 291, 294 

Deposit  of  marine  papers  on  entry  of  vessel. .      164 

Depth  of  hold,  how  determined 23 

Derehcts,  removal  of 374 

See  also  Wrecks. 

Desertion  of  seaman 80, 86, 88 

coasting  trade  or  fishing  vessel 70 

Destination,  entry  of  merdiandise  for  differ- 
ent port  of 195 

Destitute  seaman.    See  Seaman. 

Destroying  vessel  in  Alaska 256 

Detention  of  immigrants  on  board 291 

Detroit  River,  rule  of  the  road  on 360, 365 

Dikes,  autliority  for  construction  of 383 

See  also  Public  worlds. 
Diplomatic  fees,  copy  of  rates  to  be  annexed 

to  clearance 162 

Diplomatic  officers  exempt  from  provisions 

of  immigration  law 295 

Disabled  seaman.    See  Seaman. 
Disabled  vessel.    See  Wrecks. 

Disasters,  report  of  marine 136, 304 

Discliarge  of  seaman,  foreign  trade 72-74 

form  of  certificate 93 

master  to  make  and  sign  certificate  of 75 

shipping  commissioner  to  superintend 60 

Discipline  among  steerage  passengers 143 

Discrimination  in  pilotage  rates  forbidden ...      148 
Discriminations    against    American    vessels 

and  products 154-158 

Diseased  immigrants  prohibited 282, 286 

Diseased  live  stock.    See  Live  stock. 
Diseases.    See  Health. 
Disfigurement.    See  Mayhem. 

Disinfection  of  vessel 274 

Dismantled  vessel  exempt  from  inspection...        99 

Disobedience  of  seaman,  penalty  for 87 

Disposition   of  property  seized  by  revenue 

officers 168 

Distilled  spirits.    See  Liquors. 

Distress,  aid  to  vessel  in 374 

unlading  of  vessel  in 196,204 

See  also  Wrecks. 


Page. 

Distress  signals 330, 344, 356 

District  attorneys,  procedure  by 175 

prosecution  of  violations  of  revenue  laws...  171 

District  courts,  commissioners 481 

jurisdiction  over  motor  boats 331 

offenses  connected  with  submarine  cables  444 
violations  of  wireless  equipment  provi- 
sions    424 

white-slave  traffic 284 

Districts.    See  Customs  districts;    Great  dis- 
tricts; Light-house  districts. 

Docks,  licensed,  in  Alaska 254 

Documents  of  vessels 32 

certificatiou  of 48 

deposit  on  entry 164 

fraudulent  use  of 52,53,58,435 

vessels  not  requiring 17 

See  also  names  of  documents. 

Domestic  sers-ant  not  contract  laborer 284 

Domestic  trade.    See  Coasting  trade. 
Dominion  of  Canada.    See  Canada. 

Double  bottom,  measurement  of 26 

Draft  in  time  of  war,  licensed  officers  exempt 

from 55 

Draft  of  registered  vessel  to  be  marked 21 

Drawback,  benefit  of, in  certain  cases. .  181,217-219 

Drawbridges,  regulations  as  to 379, 391 

Dredge,    foreign-built,    dredging   in    United 

States 238 

Dredging  of  harbors 384, 385 

Drugs,  importation  of  adulterated,  prohibited  322 
See  also  Opium. 

Drunkenness,  penalty  for  seaman's 88 

Dry  Tortugas,  quarantine  grounds  at 278 

Dubuque,  Iowa,  merchandise  destined  for. . .  191 

Duces  tecum,  summons 174 

Dumping  into  navigable  waters 385 

See  also  New  York  Harbor. 

Duration  of  license,  officer 54 

vessel 46 

Duties,  customs,  on  Philippine  imports....  249-252 

discriminating 158 

disposition  of  Philippine 249,251 

where  payable 181 

See  also  Fees;  Tonnage  tax. 

Dyewoods,  cargo  destined  "for  orders " 186 

time  limit  for  unlading 202 

Dynamite.    See  Explosives. 

East  River,  anchorage  grounds 401 

Edgecomb,  Me.,  merchandise  destined  for. . .  193 

Educator  not  contract  laborer 284 

Effects  of  deceased  Seamen,  care  and  disposi- 
tion   83-86 

sale  to  be  entered  in  log  book 83, 107 

Embezzlement,  liability  of  vessel  owner 108 

Embezzling  stores  or  cargo,  penalty 87 

Emergency  expenditures 482 

Emigrant  passengers.    See  Immigrants. 
Engagement  of  seamen.    See  Shipping  arti- 
cles. 

Engine  room,  deducted  from  gross  tonnage...  28 
Engineer,  must  admit  apprentices  to  engine 

room 136 

not  to  be  impeded  by  freight 125 

term  "officer"  includes 54 

See  also  I^icensed  olficers. 


ALPHABETICAL.  INDEX. 


527 


Page, 
Engineer  Corps.    See  Army. 
Engines.    See  Steamboat-Inspection. Service. 
Enrolled  vessel.    See  Vessel. 
Enrollment  and  license,  change  to  register. . .        43 

conditions  precedent  to.. 43, 114 

consolidation  into  one  document 45 

corporations 47 

duration  of  license 40 

expiration  while  at  sea 240 

form  of  enrollment 44 

form  of  license 45 

Gfeat  Lakes  vessels 16 

Inspection  by  revenue  officers 60 

loss  of  license 47 

measurement  for  renewal  not  required 16 

numbering  of  licenses 46 

offenses  and  penalties  relating  to 52, 53, 58 

outside  of  district 48 

possession  of  forged 240 

special  provisions 49 

surrender  of  license  for  renewal 46 

vessels  entitled  to 16 

vessels  not  requiring 17 

vessels  under  20  tons 16, 44 

yachts 17 

See  also  Procedure. 

Entry,  before  delivery 178 

coasting  trade 233, 235, 236, 238 

deposit  of  papers  on 1G4 

entrance  only  at  ports  of 178 

ferry  boats  exempt  from 182 

fonnalities  concerning 163-166 

Great  Lakes  vessels 22S,  230 

mail  to  be  delivered  previous  to 300, 301 

preliminary,  of  vessel 197 

to  another  great  district 235 

under  quarantine  laws 278 

vessels  exempt  from 17, 182 

vessels  exempt  from  certain  fees 183 

vessels  in  Philippine  trade 249 

wines  and  spirits 183 

within  a  great  district 233 

See   also    Health;   Merchandise;   Ports   of 
entry. 

Epidemic  may  suspend  commerce 275 

Epileotic  immigrants  prohibited 282, 286 

Equipment  of  vessels,  destruction  of  defective       99 

exempt  from  duty 184 

inspection  of 98 

motor  boats 329-331 

must  be  approved 118 

on  Great  Lakes,  customs  duties 227 

Errors  in  documents,  effect 177 

Evansvllle,  Ind.,  merchandise  destined  for...      19] 
Evidence  in  defense  of  revenue  officer  for  sei- 
zure of  goods 168 

Excluded  classes  of  umn  igrants 282 

Excursions,  additional  passengers 133 

Executive.    See  President. 

Executive   Departments,    limitations   upon 

expenditures  of 482 

Executive  officers 445 

Exemption  of  vessel  from  seizure  and  for- 
feiture       171 

Exemptions  from  certain  charges,  vessels.  17, 183,377 
Exemptions  from  duty  (sea  stores,  coal,  bag- 
gage, and  tools  of  trade) 183, 184 


Page. 

Exemptions  from  entry,  vessels 17, 182 

Exemptions  from  tonnage  tax 150 

Exhil^it  of  laws  on  stoani  vessel 135 

Expenditures,  limitations  upon  Government.      482 

Ex}>losions,  liability  for 130, 137 

Explosives,  express  packages  of 215 

packing  and  marking 129 

record  of  permits  to  carry 463 

transportation  of 109, 127-132, 144 

Sec  also  Arms  and  ammunition. 
Export,  transfer  of  duty-paid  merchandise 

for 181 

Exports,  bullion  and  coin 161 

discrimination  against  American 156 

inspection  of 181 

Expositions,  admission  of  aliens  for  work  of..      296 

Express  packages  of  merchandise 214 

Extra  wages  of  seamen.    See  Wages. 

Failure  to  join,  seaman's 86 

False  labeling  or  branding  of  food  products. .      322 

False  swearing.    See  Perjury. 

Falsifying  records  and  documents 52, 53, 58 

Feeble-minded  immigrants  prohibited 282, 286 

Fees,  acts  abolishing 484, 485 

citizens  serving  as  appraisers 169 

consular 220, 221 

copy  of  rates  of  consular,  to  be  annexed  to 

clearance 1G2 

copies  of  records 40 

enrollment  or  license 44 

exacting  extortionate  or  illegal 52, 53, 61 

hospital  ships,  exemptions 422 

inspection  of  foreign  steamers 114 

marine-hospital  relief 94 

medical  officers 271 

payment  before  clearance 162 

posting  in  customs  offices 455 

readmeasurement 30 

schedule  of 484 

seaman's  witness 96 

shipping  seamen  In  coastwise  or  near-by 

foreign  trade 68 

surveyors  of  customs 50 

transporting  destitute  seaman 82 

vessels  exempt  from  certain 17, 183, 377, 422 

wharfage,  in  Porto  Rico 247 

Felony.    See  Crimes;  Penalty. 

Ferryboat,  change  of  master 48 

exempt  from  entry,  clearance,  and  mani- 
fests       182 

inspection  of 114 

lights  on 347 

Filibustering 403 

Fines,  procedure  for  collecting 171 

Sec  also  Forfeiture;  Remission;  Penalty. 

Fire,  liability  in  case  of 108, 137 

protection  against 98, 125, 331 

See  also  Equipment. 

Firearms.    See  Arms  and  ammunition. 

Fisheries,  Alaskan  seal  and  salmon 258-270 

engagement  of  seamen  in 64, 70 

fonn  of  license  for 45 

Hawaiian 243 

North  Atlantic,  treaty  with  Great  Britain 

concerning 413 

sponge,   of   Gulf  of   Mexico   and    Florida 

Straits 422,423- 


528 


AUPHABETICAL  INDEX, 


Page. 
Fishing     vessels,     discrimination     against 

American 1^* 

engaging  in  foreign  trade •^-      1^2 

exceptions  in  favor  of G5, 70, 75, 76, 77, 79 

exemptions  of .  27, 98, 101 ,  102, 104, 105, 106, 150-151 

license  to  carry  extra  crew 132 

lights,  etc. ,  on 336, 349 

may  be  documented  by  surveyor 49 

not  subject  to  tonnage  tax 1^0 

not  to  obstruct  New  York  Harbor 396 

permit  to  touch  and  trade  at  foreign  port. ...      162 

qualifications  of 16, 240 

right  of  way  of 343,355 

See  also  Cables. 

Five  tons,  licensed  vessel  over 16 

Flags,  registration  of  house 3/6 

Flamenco  Island,  possession  authorized 419 

Flat  cars,  immediate  transportation  on 210 

Flatboat  not  to  be  documented 17 

Floats  and  life-preservers 123 

Flogging  of  seaman  prohibited 89 

Flood  signals,  display  of - 376 

Florida,  establishment  of  subports  in 497,498 

wrecks  in  waters  of 306 

Florida  Straits,  sponge  fishing  in 422, 423 

Fog,  speed  of  vessel  in 341,351 

Fog  signals.  Great  Lakes  and  tributaries 363 

inland  rules 350 

international  rules 340 

western  rivers 3C9 

Food,  for  seaman 92 

for  steerage  passengers 142 

Food  products,  adulterated 322 

interstate  and  foreign  trade  regulations 311 

See  also  Live  stock. 
Foot-and-mouth  disease.    See  Live  stock. 

Forecastle  regulations 26-28, 98 

Foreign -built   vessels,   inspection   of   regis- 
tered       118 

Foreign  mail  in  transit  through  United  States      302 
Foreign  measurement  laws,  appendix  in  com- 
pliance with 30 

Foreign  officials  exempt  from  provisions  of 

immigration  law 295 

Foreign  ports,  desertions  of  seamen  in 80 

destitute  seamen  in 82 

discharge  of  seamen  in 72 

discriminations  against  American  vessels 

and  products  in 154-158 

immediate  e.xportation  to 238, 255 

inspections  in 102 

jurisdiction  over  seamen  in 94 

touching  at 230 

Foreign  seamen,  desertion  in  United  Slates. .        80 

jurisdiction  over,  in  American  ports 94 

marine-hospital  relief  for 94 

Foreign  trade,  definition 80 

discharge  of  seamen  in 72 

enrolled  and  licensed  vessels  in it,2 

live  stock  and  food  products  in 311 

on  Great  Lakes 16 

size  of  vessels  in 222 

Foreign  vessel,  award  for  rescue  of  American 

seamen  by 410 

barred  from  coasting  trade 238 

buUt  in  United  States,  may  be  registered. .        10 
built  in  United  States,  record  of 50 


Page, 

Foreign  vessel,  coasting  voyages  by 239 

inspection  of H^ 

measurement  of 31 

not  assimilated  by  treaty  to  American  ves- 
sel  : 157 

purchased  of  Am.erican  during  rebellion  can 

not  be  registered 15 

special  registry  law  (act  May  10, 1892) 42 

to  unlade  only  at  port  of  entry 178 

See  also  Tug;  Vessel. 

Foreign  yacht,  privileges 18-19 

Forfeited  vessel  may  be  registered 15 

Forfeiture,  agent's  false  oath 35 

coasting  laws,  violating 240 

enrolled  or  licensed  vessel  engaging  in  for- 
eign trade 162 

exemption  of  vessel  from  seizure  and 171 

exemptions,  and  procedure  for  violating 

coasting  laws 241 

failure  to  report  sale  to  alien 40 

false  swearing  by  owner '33 

fishery  vessel  illegally  engaging  in  foreign 

trade 163 

foreign  vessel  illegally  bringing  imports .157 

fraudulent  use  of  documents 52, 53, 58, 435 

illegal  change  of  name 20 

importation  of  diseased  live  stock 314 

liquors  not  properly  entered 179 

moiet  ies  prohibited 172 

nondelivery  of  manifest  on  Great  Lakes 223 

not   incurred   for   substantial   compliance 

with  form 177 

notice  to  owner 241 

seizures  for  enforcing 171 

unlading,  illegal 196, 200 

violating  retaliatory  proclamation  of  Pres- 
ident   154,156 

See  also  Merchandise;  Penalty;  Procedure: 
Remission. 

Forgery  of  marine  documents 52, 53, 58, 435 

Form.    See  Apprentice;    Certificate  of  regis- 
try; Enrollment;  Shipping  articles,  etc. 

Fortifications,  protection  of 415 

Freight,  liens  for 216 

See  also  Merchandise. 

Freight  boats,  inspection  of 115 

Frontiers.    See  Contiguous  countries. 
Fuel.    See  Coal;  Liquid  fuel. 
Fulminate.    See  Explosives. 

Funnel  marks,  registration 376 

Fur-seal  fisheries,  Alaskan 255, 258-270, 479 

Galena,  111. ,  merchandise  destined  for 191 

Gasoline.    See  Explosives. 
Gangers.    See  Customs  officers. 

i   General  average,  liens  for  freight  or 216 

G  eneral  issue ,  plea  by  revenue  agent 168 

Goats.    See  Live  stock. 

Goods.    See  Merchandise. 

Government   Hospital   for  Insane,  patients 

from  marine  hospitals  admissible  to 94 

Government  securities,  vessels  required  to 

carry 161 

Government  vessels.    See  Public  vessels. 
Great  Britain.    See  United  Kingdom. 
Great   districts,   number,   boundaries,   and 

entry  and  clearance  regulations 232-241 


ALPHABETICAL  INDEX. 


529 


Page. 

Great  Lakes,  Atlantic  Canal 420 

boats  and  rafts  in  foreign  trade  on 222, 230 

coasting-trade  privileges  on   Lake  Michi- 
gan   229 

crimes  on 431,438 

dam  at  outlet  of  Lake  Erie 421 

discrimination    against    American    vessels 

passing  through 156 

dumping  in  Lake  Michigan 386-387 

engagement  of  seamen  on 64, 68 

entry  and  clearance  of  vessels  on 228 

foreign  trade  on 222 

inward  manifests  for  trade  on 223 

marking  pierheads  on 375 

penalty  for  violating  navigation  laws  of 230 

reciprocal  wrecking  privileges  on 305 

repairs  to  vessels  on,  dutiable 227 

reports  of  customs  oflicers  on 457 

restrictions    and    privileges    of   commerce 

on 222-231 

rules  of  the  road  on 360 

sale  of  blank  forms  on 458 

saloon  stores  of  vessels  on 227 

sea  stores  of  vessels  on 226 

steam  tugs  on 230 

superintendents  of  life-saving  service  on. . .  470 

vessels  enrolled  and  licensed  on 16, 17 

vessels  on,  exempt  from  certain  charges 183 

water  levels  on 421 

See  also  Canada;  Contiguous  countries. 

Greenport,  N.  Y.,  merchandise  destined  for. .  193 

vessel  may  be  documen ted  at 49 

Greenwich,  adoption  of  meridian  of 37G 

Gross  tonnage,  how  determined 23 

Guam,  manifests  in  trade  with 161 

money  equivalents  in 250 

shipments  of  merchandise  on  Army  trans- 
ports    426 

See  also  Insular  territory. 

Guano  islands,  discovery,  occupation,  and 

possession 407 

Gulf  of  Mexico,  rules  of  the  road  on  rivers 

flowing  into 366 

sponge  fishing  in 422, 423 

Gunpowder.    See  Explosives. 

Harbor  defenses ,  protection  of 415 

Harbor  lines,  establishment  of 384 

Harbors,  control  of  Hawaiian 243 

control  of  Porto  Rican 246 

improvement  of  Philippine 252 

obstructions  in 378 

rules  of  the  road  in 345 

vessels  employed  in,  not  to  be  documented.  17 
See    also    Inland    waters;  Public    works; 
Rivers. 

Harter  Act 110 

Hatchways,  deductions  from  tonnage 25 

Hawaii,  contract-labor  laws  not  applicable  to 

seamen  in 244 

destitute  seamen  in 82 

establishment  of  subports  in 497 

fisheries  of 243 

manifests  in  trade  with 161 

registry  of  vessels  of 242 

special  provisions  concerning 134, 242 

See  also  Insular  territory. 

96694°— 11 34 


Page. 

Hawsers,  length  between  towing  vessels,  etc. .  100 

Hay,  transportation  of 127 

Head  tax,  levy  and  collection 281 

refund  when  erroneously  collected 295 

Health ,  laws  relating  to  public 271 

Hawaii 242 

Philippine  Islands 250 

Porto  Rico 246 

See    also    Adulterated    products;    Public 
Health  and  Marine-Hospital  Service. 

Height  of  vessels,  how  determined 23 

Hides,  cargo  destined  "for  orders" 186 

imports  of  neat-cattle 319 

time  limit  for  unlading 202 

High  seas,  jurisdiction  over 416 

See  also  Crimes. 
Hogs.    See  Live  stock. 

Hold,  depth  of,  how  determined 23 

Home  port,  definition 33 

marking  on  stern 20 

See  also  Port. 

Homicide 432 

Honolulu.    See  Hawaii. 
Horses.    See  Live  stock. 

Hospital  ships,  exemptions 422 

Hospitals,  quarantine 278, 279 

Hospitals  for  seamen 93 

Hospitals  for  steerage  passengers 142 

Houston,  Tex. ,  merchandise  destined  for 190 

Hudson  County,  N.  J. ,  vessels  documented  at 

Jersey  City 49 

Hudson  River,  anchorage  grounds 401 

Hulls  of  vessels,  inspection  of 98 

Husband,  ship's,  authority  to  incur  liability 

for  repairs,  supplies,  etc 423 

Hydrographic   Office,  Navy,   establishment 

and  duties 375 

Ice,  unlading  of  vessel  obstructed  by 205 

Idiots,  immigration  prohibited 282, 286 

111  treatment  of  crew 435 

Illness,  entry  in  log  book 106 

Imbecile  immigrants  prohibited 282, 286 

Immediate  delivery  of  merchandise 209 

Immediate   exportation   of  merchandise  to 

foreign  port 238, 255 

Immediate  transportation  of  merchandise. . .      209 

ports  of 209,211,496 

Immigrants,  accommodations  on  vessels  for.  138, 146 

admission  of  families  of  citizens 294 

advertising  for  or  assisting 285 

deportation  of  rejected 291, 294 

detention  on  board 291 

excluded  classes 282 

frontier  inspection 293 

head  tax  on,  and  exemptions 281, 295 

refund  of 295 

illegal  landing 286 

inspection  of 290, 293 

manifest  of,  what  to  contain 287 

medical  examination 290 

registry  and  naturalization 296 

See  also  Inspection,  hulls  and  equipment. 

Immigration,  boards  of  inquiry 468, 469 

insular  territory  and  Canal  Zone 282 

laws  relating  to 281,466 

administration  in  Philippines 296 


630 


ALPHABETICAL  INDEX. 


Page. 
Immigration  laws,  persons  exempt  from  op- 
eration of 295, 296 

posting  by  steamship  companies 29o 

scope  of f^ 

skilled  labor ^^^ 

Impairing  public  works 387, 389 

Import  duties  by  States  forbidden 277 

Imports.    -See  Merchandise. 

Improvements  to  navigation 374, 378 

Incorporated  company.    See  Corporation. 

Indian,  Metlakahtla,  eligibility  as  officer 54 

Indians,  sale  of  firearms  and  liquors  to  Alas- 


kan. 


254 


Infectious   diseases.    See   Excluded   classes; 

Health;  Livestock. 
Inflammables.    See  Explosives. 

Informers,  awards  to,  and  restrictions 172 

remission  of  penalty,  efi'ect  on 310 

Injury,  entry  in  log  book ■      106 

Inland  waters,  documents  of  vessels    navi- 


gating. 


17 

liability  laws  applied  to 110 

rules  of  the  road  on • 345, 356 

Insane  immigrants  prohibited 282, 286 

Insane  in  marine  hospitals  admissible  to  Gov- 
ernment Hospital  for  Insane 94 

Inspection,  appeal  in  cases  of 117, 118 

boilers  and  boiler  plate 119-122 

customs,  on  frontier 224 

enrollment  and  license 50 

gas,  naphtha,  electric,  etc.,  launches 115 

hulls  and  equipment 98 

•immigrant  ships I'^O 

immigrants 290, 293 

inward  manifests 188 

merchandise  laden  for  export 181 

motor  boats 115,329-331 

provisions  and  water .• 103 

quarantine 274 

registered  foreign-built  vessels 118 

State  laws,  effect  of 161 

steam  vessels 113, 132 

tugboats,  towing  boats,  and  freight  boats. .      115 

vessels,  occasional  or  special 116 

See  also  Adulterated  products,  etc.;  Steam- 
boat-Inspection Service. 
Inspection  laws,  motor  boats  for  enforcing. . .      425 
Inspectors.    See    Customs    officers;     Light- 
house inspectors;    Local      inspectors; 
Merchandise;    Supervising  inspectors; 
Treasury. 
Insular  territory,  head  tax  on  immigi'ants. . .      282 

immigration  laws  applical>le  to 293 

manifest  of  alien  arrivals  from 288 

manifests  in  trade  of 161 

Insurance,  fraudulently  obtaining 430 

Internal  revenue  of  Philippines 250 

Internal  waters.    See  Inland  waters. 
International  Convention  for  Protection  of 

Submarine  Cables.    See  Cables. 
International  Marine  Conference,  reconvening 

of  delegates  to 345 

International  rules  to  prevent  collisions 331 

limit  of  application 356 

Interstate  Commerce  Commission,  authority 

over  transportation  of  explosives 130, 131 


Page. 

Interstate  trade,  adulterated  products 323 

live  stock  and  products  of 311 

vessels  engaged  in 17 

See  also  Coasting  trade. 

Invoice,  fraudulent,  in  Alaska 256-257 

Inward  manifest.    See  Manifest. 

Iron,  immediate  transportation  of 210 

special  entry  of ISO 

Irondequoit  Bay  declared  navigable 115 

Islands.    See  Guano  islands;    names  of  is- 
lands. 
Isthmian  Canal.    See  Panama  Canal. 
Isthmian  Canal  Commission.    See  Panama 
Canal. 

Japan,  lights  on  fishing  vessels  in  seas  border- 
ing       337 

Jeffersonville,    Ind.,    merchandise    destined 

for 191,194 

Jersej^  City,  vessels  documented  at 49 

Jetty  obstructing  navigation 384 

See  also  PubUc  works. 

Join,  seaman's  failure  to 86 

Joint  liabiUty  of  vessel  owners 109 

Jurisdiction,    American    seamen   in    foreign 
ports  and  foreign  seamen  in  American 

ports 94 

ceded  territory 481 

offenses  in  Alaska 258, 259, 261, 268, 269 

See  also  Circuit  courts;     District  com-ts; 
Crimes. 

Jute  butts,  cargo  destined  "  for  orders  " 186 

time  limit  for  unlading 202 

Kansas  City,  Mo.,  merchandise  destined  for. .  191 
Keepers    of  life-saving   stations.    See    Life- 
Saving  Service. 

Kennebec  River,  anchorage  grounds 402 

Keokuk,  Iowa,  merchandise  destined  for 191 

Kill  von  Kull  anchorage  grounds 401 

Kittery,  Me.,  merchandise  destined  for 193 

Korea,  lights  on  fishing  vessels  in  seas  border- 
ing   337 

liabeling,  false.    See  Adulterated  products. 

Labels  on  merchandise 185 

Laborers,  contract  for  importation  of,  void ...      295 

exclusion  of  contract 283, 285, 468 

importation  of  skilled 283, 285 

Lading.    See  Merchandise. 

Lake  Champlain,  clearance  on 195 

entiy  of  merchandise  on 231 

Lake  County,  111.,  dumping  in  Lake  Michi- 


gan. 


387 


Lakes.    iSee  Great  Lakes;  Inland  waters. 
Land,  imports  by,  prohibition  and  excej)- 

tions 222 

Landing,  illegal,  of  immigrants 286 

See  also  Merchandise. 

Larceny,  offense  and  punishment 434 

Launches,  inspection  of US 

Laws,  exhibition  on  steam  vessels 135 

motor  boats  for  enforcing  navigation 425 

See  also  Posting. 

Lay  shipment  in  fisheries 70-72 

Leavenworth,  Kans.,  merchandise  destined 

for 191 


ALPHABETICAL  INDEX. 


531 


Page. 

Lecturer  not  contract  laborer 284 

Lemon  juice  required  on  vessels 105 

Length  of  vessel,  how  determined 22 

Levee.    See  Public  works. 

Liability,  agreement  to  relieve  from 110 

owners,  masters,  and  shippers 108, 137 

Libel,  bond Ill 

for  wages,  vessel  exempt  from 78 

to  enforce  penalty 172. 331 ,  424 

Great  Lakes 230 

See  also  Procedure. 
License.    See  EnrolhEent;  Licenses. 
Licensed  and  enrolled  vessel.    See  Enrolled 
vessel;  Enroll.nent  and  license. 

Licensed  officers,  altering  license 58 

appeals  allowed  to 116 

citizenship 15  54 

complement 54, 118 

deck  space  assigned  by 125 

duty  to  aid  steamboat  inspectors 135, 136 

exhibition  of  license 55 

failure  to  employ 55 

failure  to  report  accidents,  etc 136 

investigation  as  to  competency  of 135, 136 

liability  of 109, 137 

master  or  mate  acting  as  pilot 57 

may  demand  inspection  of  seav>'orthiness.  100, 102 

not  to  visit  steerage 144 

oath  and  perjury  of 57, 58 

offenses  by  sea  r.en  against 86-89 

offenses  of  resulting  in  loss  of  life 433 

passenger  stea  ners 54. 118 

qualifications  and  disqualifications 54-58 

refusal  to^erve 136 

renewal  of  license  when  absent 136 

service  during  v\-ar 55 

summary  trial,  procedure 429 

temporary  service  of  alien 54 

vessels  requiring 55, 114, 115 

See  a Zso  Engineer;  Licenses;  Master;  Mate; 
Pilots;  Suspension  of  license,  etc. 

Licenses,  cruising,  yachts 19 

custom-house  brokers 425 

oflBcers',  appeal  fro.ii  decisions  regarding. . .      116 
conditions  precedent  to  granting,  and  dis- 
qualifications  56, 57 

duration  and  renev>'al 54 

motor  boat 115, 331 

must  be  displayed 55 

officers  requiring 55 

penalty  for  forgery 58 

record  of 463 

renewal  during  personal  absence 136 

See  also  Licensed  officers. 

"special  Alaskan 254 

vessels'.    -See  Enrollment  and  license. 

Lien,  by  bottomry 39 

for  freight  or  general  average 216 

for  noncompliance  with  wireless-equipment 

law  or  regulations 424 

for  repairs,  supplies,  etc 423 

head  tax  to  constitute 281 

of  seaman 74 

to  secure  penalty  for  violation  of  health  reg- 
ulations  271, 272 

tolls  for  passage  through  St.  Marys  Falls 

Canal  to  constitute 157 


Page. 
Life,  negligence  resulting  in  loss  of,  offense 

and  panish.r.ent 435 

Life-saving  apparatus,  requirements  as  to. . . .  98, 
100, 113, 115, 123, 132, 330, 398, 424 

Life-saving  medals 409 

Life-Saving  Service,  establishment  in  Philip- 
pines    252 

keepers  and  crews  entitled  to  marine-hos- 
pital relief 94 

organization  and  functions 469 

Light  and  air  spaces,  exem.pt  from  micasure- 

ment 29 

for  steerage  passengers 141 

Light-house  districts,   number  and  control 

over 476 

Light-House  Service.    See  Bureau  of  Light- 
Houses. 
Light-house  inspectors,  appoint  rent,  duties, 

and  salaries 476 

Light-house  keepers,  salaries 477 

Light-houses.    See  Bureau  of  Light-Houses; 

Public  works. 
Light-vessels.    See  Bureau  of  Light-Houses. 

Light  money 152 

Lighters,  in  Philippine  harbors 249 

not  to  be  docu  r.ented 17 

Lights,  display  of  false 437 

interference  witii  range 377 

on  bridges,  dams,  etc 379, 382 

on  vessels.  Great  Lakes  and  tributaries 360 

high  seas 332 

inland  waters 345 

motor  boats 329-331 

western  rivers 367 

on  wrecks  or  obstructions 375 

Lime  juice  required  on  vessels 105 

Limit  of  time  for  unlading 202 

Limitations    upon    expenditures    of  public 

moneys 482 

See  also  Statute  of  11  nitations. 

Liquid  fuel,  use  of 128, 129 

Liquors,  adulterated,  prohibited 322 

entry  of 183 

vessel  with 179 

manifest  of,  in  coasting  trade 232, 

233, 234, 235, 236, 237 

on  Great  Lakes  vessel 227 

sale  prohibited  in  Alaska 254 

sale  to  Pacific  Islanders 415 

unlading  of 202 

Live-oak  timber^  restriction  upon  clearances 

of 162 

Live  stock,  and  products  of,  interstate  and 

foreign  trade  regulations 311 

liability  in  transportation  of Ill 

transportation  on  passenger  vessels 144 

See  also  Adulterated  products. 

Loading  safety  valve  forbidden 122 

Local  inspectors,  appeal  fro  u  decisions  of 116 

authority  over  motor-boat  operators 331 

fee  schedule 484 

licenses  by,  to  carry  gunpowder 127 

qualifications  and  duties 98, 

116,135-136,461-464 
supervising  inspector  to  report  negligen(;e 

of 135 

See  also  Inspection;  Supervising  inspectors. 


532 


ALPHABETICAL   IXDEX. 


Page. 
Lock  tolls,  exemptions 377 

Lodgers,  soliciting  sea*nen 81 

Log  liooks,  Alaska  sealing  vessels 260 

offenses  of  sea^len  to  be  entered  in ^8 

require  nents  as  to 106, 107 

Logs,  floating  of  loose 388 

Long  Island,  N.  Y.,  coasting  trade 237 

Long  Island  Sound,  dunping  in 396. 397 

Loss,  of  license ^^ 

of  register ^^ 

See  also  Liability. 

Lost  vessel,  report  of 304 

Louisiana,  establishment  of  subports  in 498 

Louisville,  Ky.,  merchandise  destined  for. . .      191 

Machinery  for  repairing  vessels  exempt  from 

duty 218 

See  also  Inspection;  Steamboat-Inspection 
Service. 

Madison,  Ind.,  merchandise  destined  for 191 

Mail  service,  ocean 297 

Manhole  for  externally  fired  boilers 122 

Manifest,  Alaskan  and  insular  trade 161 ,  249 

alien  arrivals  and  departiires 287 

coasting  trade 232, 233, 234. 235, 236 

licensed  vessel  under  20  tons 236 

vessel  touching  at  foreign  ports 230 

comparison  of  cargo  and 187, 196. 203 

disagreement  between  cargo  and 187, 196, 203 

ferryboat  exempt  from 182 

filing,  in  Great  Lakes  trade 228.229 

foreign  vessel  on  coasting  voyage 239 

inspection  of 188, 196, 307 

inward,  general  provisions  concerning 186 

special,  for  Treasiu-y  Departm-cnt 179 

vessel  on  Great  Lakes 223 

oath  and  filing  to  obtain  clearance 1,59 

outward 159, 160 

passenger 133, 145, 287 

post  entry  to 203 

Philippine  trade 249 

railroad  and  other  cars  exempt  from 208 

M anning  of  vessels 54, 65, 118 

See  also  Seaman. 

Manslaughter,  offense  and  punishmxCnt 4.32 

Manua,  manifests  in  trade  with 161 

money  equivalents  in 250 

See  also  Insular  territory. 
Manuals.    See  Charts. 
Maps.    See  Charts. 

Marine  Conference,  International,  reconven- 
ing of  delegates  to 345 

Marine  disasters,  report  of 136, 304 

Marine  documents.    See  Documents. 
Marine-Hospital  Service     See  Public  Health 

and  Marine-Rospila!  Service. 
Marine  hospitals,  how  supported,  and  who 

entitled  to  relief 93, 94 

sale  and  lease  of 465 

Marine  parades,  supervision 372 

Mariner.    See  Seaman. 
Maritime  liens.    See  Lien. 
Maritime  offenses.    See  Crimes. 

Marks  on  merchandise 185 

Marooning,  offense  and  punishment 436 

Marriage,  entry  in  log  book 107 

Marten  hunting  in  Alaska 263 


Page. 
Master,  acting  as  pilot 57 

agreement  with  seaman  in  foreign  trade  —        63 

before  consuls  in  foreign  ports 65, 06 

arbitration  of  disputes  before  shipping  com- 
missioner         81 

assistance  to  destitute  seaman 82 

authority  to  incur  liability  for  repairs,  sup- 
plies, etc 423 

bond  to  secure  duties 182 

care  and  disposition  of  effects  of  deceased 

seaman 83-86 

certificate  of  discharge   to  be  made  and 

signed  bj' 75 

change  of 38, 48, 51, 58 

definition  of 59, 177, 4-13 

duties  on  entry  of  vessel 178-216 

engagement  of  seamen  in  coasting,  fishing, 

or  near-by  foreign  trade 64, 68, 69 

may  recover  penalty  from  owner 106 

may  ship  seamen 62 

mast  allow  seaman  to  go  ashore  to  com- 
plain        104 

must  conform  to  requirements  of  inspectors.      117 
must  procme  substitutes  for  deserting  and 

injured  seamen , 65 

oath  of  citizenship 33 

oath  of  mail  delivery  on  entry 301 

oath  on  change  of  trade 43 

oath  to  crew  list 66 

oath  to  secuie  enrollment 44 

oaths,  no  release  from 176 

quarters,  deducted  from  gross  tonnage 28 

removal  by  o'mier 58 

report  and  declaration  on  arrival  at  port. . .      178 

responsibility  concerning  apprentices 62 

sailing   without   wireless   equipment,   lia- 
bility       424 

statement  of  consular  services  to  be  sur- 
rendered to  collector 164 

summary  trial  of 429 

to  countersign  certificate  of  measiirement. .       22 

to  exhibit  laws  on  steam  vessel 135 

to  explain  deficiency  in  crew 119 

to  keep  list  of  passengers 133 

to  keep  weights  and  measures 105 

to  maintain  discipline  and  cleanliness  in 

steerage 143 

to  provide  for  inspection  of  seaworthiness .  100, 102 

to  provide  space  for  passengers 138-140 

to  report  delivery  of  mail  on  entry 300 

See  also   Licensed  officers;  Licenses;  Pen- 
alty; Shipping  articles. 

Mate,  acting  as  pilot 67 

See  also  Licensed  officers;  Licenses. 

Mayhem,  offense  and  punishment 433 

Measurement  of  merchandise.    See  Merchan- 
dise. 
Measurement  of  vessels,  general  provisions  re- 
lating to  methods,  deductions,  etc 22-31 

appendix  to  certificate  of  registry 30 

certificate  of,  form  of 22 

penalty  for  false 52, 53 

fees 30 

foreign  vessel 31 

new,  not  required  of  vessels  measured  prior 

to  April  1,  1895 30 

regulations  for  enforcing  law 30 


ALPHABETICAL  INDEX. 


633 


Page. 
Measurement  of  vessels,  sufficiency  of  prior. .       16, 

17.22 

vessels  under  20  tons 16 

vessels  exempt  from 30 

Measures  to  be  kept  on  board 105 

Measurers.    See  Customs  officers. 

Meat  products,  interstate  and  foreign  trade 

regulations 311 

Medals,  life-saving 409 

Medical  attendance  on  steerage  passengers 142 

Medical  examination  of  immigrants 290 

Medical  officers,  fees  and  duties 271 

See  also  Public  Health  and  Mailne-Hospital 
Service. 

Medicine  chests  required  on  vessels 105 

Mediterranean   passport,    deposit  with  con- 
sular officer  in  foreign  port 165 

forgery  of 52 

Mediterranean  Sea,  lights  on  fishing  vessels. .  337 
Memphis,  Term.,  merchandise  destined  for. .  191 
Mentally  defective  immigrants  prohibited. .  282, 286 
Merchandise,    admission    of    Spanish;    into 

Philippines 248 

Alaska,  special  crimes  relating  to 256 

bill  of  lading  for HI 

bond  of,  for  reexport ' 180 

bonded,  unlawful  removal 206 

bonded   warehouses,   shipments   from,   to 

Philippines 252 

Canada  or  Mexico,  transit  through 208 

Canal  Zone,  imports  into 420 

coasting  laws,  forfeiture  for  violation  of 222, 

238, 241 

coastwise  transportation  of  foreign 231 

comparison  with  manifest 187, 196, 203 

day,  unlading  by,  required 199 

definition 177 

delivery  in  various  districts 181 

discharge  of  cargo  destined  " for  orders" ...      187 

discharge  on  Great  Lakes 230 

discriminating  duties 158 

discriminations  against  American 154-158 

entry  of,  general  provisions 177-216 

at  special  ports 190 

for  difTerent  port  of  destination 195 

on  Lake  Champlain 231 

express  packages 214 

fraudulent  importation 213 

frontier  commerce 222 

inspection  of 224 

Guam,  shipments  on  Army  transports 426 

immediate  delivery 209 

immediate  exportation  to  foreign  ports . . .  238, 255 

immediate  transportation 209 

list  of  ports  of 209, 211, 496 

inspection,  for  export 181 

inspector  of  customs  to  accompany 189, 

192, 193, 200 

lading  and  unlading 196, 197, 199 

See  also  unlading. 

liability  for  loss  of 108 

lien  for  freight  or  general  average 216 

manifest,  in  coasting  trade...  232,2.33,234,235,236 

inward 186 

on  Great  Lakes 223 

post  entry  to 203 


Page. 

Merchandise,  outward,  on  Great  Lakes 228 

railroad  cars  or  vehicles  exempt  from 208 

vessels  touching  at  foreign  ports 230 

marks,  brands,  and  trade-marks  of 185 

night,  lading  or  unlading  by 197 

procedure  on  seizures 168, 427 

recovery  of  sunken 218 

removal  for  quarantine  purposes 277 

salvage  of 213 

sealing  by  night 201 

seizure  by  Treasury  official,  authorized..  167-168 

seizure  in  Alaska 257 

smuggling,  compensation  for  detecting...  172,173 

transfer  of  duty-paid,  for  export 181 

transit  in  Alaskan  and  frontier  trade 226 

transit  in  bond  through  Alaska  and  Can- 
ada    256 

transit,   inspection   in   foreign   contiguous 

territory 480 

transportation  in  bond 206 

to  special  ports 207 

unlading 190-206 

by  night 197-199,229 

cargo  in  bulk 180 

confined  to  ports  of  entry 178 

Ihnit  of  time 202 

liquors 202 

on  Great  Lakes 229,230 

returns  of 203 

supervision 200 

vessel  'in  distress 196, 197, 204 

vessel  obstructed  by  ice 205 

unlawful  removal  of  bonded 200 

See  also  Cargo;  Crimes;   Health;   Penalty; 
Piracy;  Wrecks. 

Merchant  cruisers 298 

Merchant  seaman.    See  Seaman. 
Merchant  vessel.    See  Vessel. 

Meridians,  adoption  of 376 

Metlakahtla  Indian,  eligibility  as  officer  of 

vessel 54 

Mexico,  bonded  merchandise  in  transit  to  or 

through 207,208 

record  of  alien  departures  for 287 

See  also  Contiguous  countries. 

Military  schools,  aid  to 410-412 

Militia,  enforcement  of  neutrality  laws  by 405 

exemptions  from  duty  in 59 

Naval,  aid  to 412 

Mines,  protection  of  submarine 415 

Minister  not  contract  laborer 284 

Mink  hunting  in  Alaska 2G3 

Minors,  immigration  limited 283 

Mississippi  River,  anny  engineers  as  light- 
house inspectors 477 

coasting  law  concerning 23G 

crew  accommodations  on 28 

inspection  of  boilers  on 120 

protection  of  passes 395 

See  also  Western  rivers. 
Mitigation  of  penalty.    See  Remission. 

Moieties  to  informers  prohibited 172 

Money,    equivalent    rates    in    Philippines, 

Guam,  Tutuila,  and  Manua 250 

vessels  required  to  carry 161 

Moorings,  injury  to 437 


534 


ALPHABETICAL   INDEX, 


Page. 
Mortgage  of  vessel ^^ 

Mother  of  deceased  life  saver,  pension 472 

Motive  power,  liquid  fuel  for 128, 129 

Motor  boats,  classification,  inspection,  equip- 
ment, and  navigation H'^,  329-331 

transportation  of  fuel  for 128 

use  in  enforcing  navigation  laws 425 

See  also  Yachts. 

Motor  vehicles  on  passenger  vessels 128 

Murder,  offense  and  punishment 432, 441 

Muster    of   seamen    on    return    to    United 

G6 


States 

Mutiny,  offense  and  punisliment 

Mutual  release,  master  or  owner  and  seaman. 


74 

20,51 
20 


Name  of  vessel,  change  of 

where  and  how  to  be  displayed 

Naos  Island,  possession  authorized 419 

191 
192 


Nashville,  Term.,  merchandise  destined  for.. 

Natchez,  Miss.,  merchandise  destuied  for 

Naturalization  of  aliens 296 

Naturalization  of  seamen 60 

Nautical  Almanac,  printing  and  distribution.      375 
Nautical  books.    -See  Charts. 

Nautical  instruction 410-412 

Nautical  purposes,  meridian  for 370 

Naval  cruisers,  auxiliary 298 

Naval  Militia,  aid  to 412 

Naval  ofTicer.    See  Navy. 

Naval  officer  of  customs,  duties  of 36, 48, 453 

See  also  Customs  officers;  Treasury. 
Naval  vessels.    See  Public  vessels. 

Navigation,  aids  to 374-377 

Philippine  Islands 252 

Porto  Rico 240 

private 378, 478 

See  also  Bureau  of  Light-Houses. 

application  of  lav/s  to  Alaska 254 

canal 394 

obstructions  to 374, 378 

powers  and  duties  of  Bureau  of 449 

425 
298 
405 

476 


Navigation  laws,  motor  boats  for  enforcing. . 

Navy,  auxiliary  cruisers  in 

neutrality  laws  enforced  !:>}- 

officers  of,  assignment  to  light-liouso  dis- 
tricts   

coast  surveying  by 481 

complaints  by  crew  to 103 

designation  as  supervisor  of  New  York 

Harbor 400 

detail  to  Isthmian  Canal  Commission 418 

detail  to  schools 411, 412 

maj'^  act  as  consuls 221 

service  on  mail  steamers 299 

ration 414 

seal  fisheries  law  enforced  by 259, 201,209, 270 

transportation  of  supplies  for 421 

See  also  Public  vessels. 
Neat  cattle.    See  Live  stock. 
Negligence,  etc.,  resulting  in  death,  ofiense 

and  punishment 433 

Net  toimage,  definition 23, 29 

how  determined 26 

to  be  marked  on  main  beam 30 

Neutrality,  offenses  against 403 

New  Albany,  Ind.,  merchandise  destined  for.      191 
New  Brunswick.    See  British  North  America. 


Page. 

New  Jersey,  transit  of  merchandise  across 194 

New  Orleans,  departure  of  vessel  for  Natchez 
or  \'icksburg  from,   without  customs 

officer 192 

merchandise  for  ports  on  Mississippi  River 

and  tributaries  entered  at 191 

New  River,  N.  C,  vessels  documented  at  Wil- 
mington          49 

New  York  and  Paris,  act  admitting 42 

New  York  Harbor,  anchorage  grounds 401 

special  laws  for  protection  of 396 

Newark  Bay,  anchorage  grounds 401 

Newcastle,  Me.,  merchandise  destined  for —      193 
Newfoundland,  citizens  of,  exempt  from  head 

tax 281 

engagement  of  seamen  in  trade  with 63, 68 

trade  with,  domestic 86 

See  also  British  North  America. 

Niagara  River,  rule  of  the  road  on 300, 365 

Night,  lading  or  unlading  by 197 

on  Great  Lakes 229 

Nitroglycerine.    Sec  Explosives. 
Noncontiguous  territories.    See  Insular  terri- 
tory; also  Alaska,  IIav>'aii,  etc. 
Northern,  etc.,  frontiers.    See  Canada;  Great 

Lakes. 
Notes  and  bonds,  United  States,  vessels  re- 
quired to  carry 161 

Notice  of  valuable  shipment,  shij)per  must 


give. 


108 


Nova  Scotia.    See  British  North   America; 

Canada. 
Number,  official,  of  vessel 19 


Oaths,  officials  authorized  to  administer 

197,199,4u5,4ri8, 

Obstructions  to  navigation 374 

See  also  New  York  Ilarl  or. 

Ocean  mall  service 

Offenses,  log-book  entries  of 

penalties  for  undefined 

See  also  Crimes;  Penalty. 
Officer,  licensed.    See  Licensed  officers. 

Official  number  of  vessel 

Ogdensburg,  tolls  for  passengers  and  freight 
landed  at,  via  St.  Marys  Falls  Canal. . . 

Okhotsk,  seal  hunting  in  sea  of 

Omaha,  Nebr.,  merchandise  destined  for 

Onslow  Coimty,  N.  C,  vessels  documented 

at  Wilmington 

Open  vessels,  tonnage,  hov,-  determined 

Operators,  license  for  motor-boat 

Opium,  import  restrictions 

sale  to  Pacific  Islanders 

"Orders,"'  time  limit  for  unlading  cargo  for.. 

vessel  or  cargo  destined  for 

Oregon,  jurisdiction  over  offenses  in  Alaska. . 

259,201,208 
Organic  act.  Department  of  Commerce  and 

Labor 

rem.ission  of  penalty  incurred  in 

Otter  hunting  in  Alaska 

Otter  Island,  Alaska,  reservation 

Overtaken  or  overtaking  vessel.    See  Lights 

on  vessels;  Steering  rules. 
Owner,  arbitration  of  disputes  before  ship- 
ping commissioner 


180, 
,482 
,378 

297 
106 
435 


19 

1.57 
258 
191 


26 
331 
320 
415 
202 
186 
258, 
,209 

445 
310 
263 
255 


81 


ALPHABETICAL.  INDEX, 


535 


Page. 

Owner, change  of 37,38, 'IS 

definition 59 

liability  of 103,108,137,373 

may  ship  seamen,  when 62 

must  be  citizen 15 

alien  resident  may  own  steamboat 16 

noncompliance  of,  with  inspection  laws  —  137 

oath,  on  registry  of  vessel 32 

to  secure  enrollment  and  license 44, 47 

oaths,  exemption  from 176 

offense  of,  resulting  in  loss  of  life 433 

offenses  against,  by  seamen 86-89 

port  of 33 

removal  of  master  by 58 

to  countersign  certificate  of  measurement. .  22 

to  obtain  copy  of  shipping  articles 67 

See  also  Corporation. 

Ownership,  oath  of,  on  entrance 163 

Oyster  vessel.    See  Fishing  vessels. 

Pacific  and  Atlantic  ports.    See  Atlantic  and 

Pacific  ports. 
Pacific  Islanders,  sale  of  arms,  liquors,  etc., 

to 415 

Pacific  Ocean,  seal  fisheries 258 

Paddle    vessel,    deductions    for    propelling 

power 28 

Paducah,  Ky.,  merchandise  destined  for 191 

Palatka,  Fla.,  merchandise  destined  for 190 

Panama,  coasting  trade  via  Isthmus  of 4S0 

Panama  Canal,  acquirement,  control,  con- 
struction, and  operation 416 

Papers,  summons  to  produce 174 

Parades,  supervision  over  marine 372 

Paris  and  New  York,  act  admitting 42 

Parkersburg,  W.  Va.,  merchandise  destined 

for 191 

Passenger  act  of  1882 138 

Passengers,  accommodations  for 138 

inspection  of ^ 98, 146 

additional,  permitted  for  excursions 132 

deaths  of 146 

discrunination      against      American,      on 

Canadian  canals 156 

foreign      vessel      transporting,      between 

American  ports 238 

liability  for  damage  sustained  by 137 

manifest  of 133, 145, 287 

permit  to  land,  on  Great  Lakes 230 

transfer  from  Alaska  and  Canada 226 

See  also  Baggage;  Health. 

Passes  of  Mississippi  River,  protection 395 

Passing  vessels.    See  Lights  on  vessels;  Steer- 
ing rules. 

Passports,  limitation  upon  use  of 282 

to  foreign-going  vessel 165 

Pauper  immigrants  prohibited 282 

Penalty,  abandonment  of  seaman 436 

accommodations.    See  crew;      inspectors. 

adulterated  products,  trade  in 322-325 

See  also  live  stock, 
agreement.    See  shipping  articles. 

aids  to  navigation,  unlawful  private 478 

Alaska,  alien  fishing  in 269 

procedure  for  remission  of,  in 255 

special  crimes 256 


Page. 

Penalty,  Alaska,  unlawful   salmon  fishing 

in 265,268,269 

imla-R^ul  transfer  of  passengers  or  mer- 
chandise from 226 

alien  fishing  in  Alaska 269 

allotment  lav/,  \iolatIons 78, 79 

American  products,  discrimination  against.  156 
anchorage  ground  regulations,  violation.  401,402 

apprenticeship  law,  violation 63 

appropriations,  expenditures  in  excess  of. .  483 

arson 424 

assault 432 

assault  of  ofTicer  by  seaman 87 

assistance  to  Treasury  official  in  search  or 
seizure   of  vessel   or  cargo,  failure  to 

render 168 

baggage,  smuggling  goods  in 185 

barge,  navigating  without  inspection,  etc..  100 

barratry 436 

bill  of  lading,  refusal  to  issue Ill 

boarding.    See  customs  officers;  vessel. 

boiler  plate,  counterfeiting  stamp  on 121 

boilers,  construction  of  defective 120 

bonded  merchandise.    See  merchandise. 

breaches  of  duty  by  seaman 86-89 

bridges,  violating  act  regulating 379 

British    North    America.       See   Canada; 
frontiers. 

cables,  injury  to  submarine 442-444 

Canada,  landmg  merchandise  exported  to.  208 

tmlawful  transfer  of  passengers    or   mer- 
chandise from 226 

See  also  frontiers, 
cargo.    See  merchandise. 

cattle  on  passenger  vessels,  carrying 144 

certificate,  altering 58 

failure  to  deliver  up  temporary 34, 35 

change.    See  master;  trade. 

citizenship,  false  cath  of 33 

claim,  abatement  or  compromise  of 176 

clearance,  departure  of  vessel  mthout  ob- 
taining    159 

See  also  coasting  trade, 

clothing,  detention  of  seaman's 80 

failure  to  pro^ide  slop  chest  of 105 

coasting  laws,  evasion  on  frontiers 222 

procedure  for  ^^o!ation  of 241 

specified  offenses  and  penalties 240 

coasting  trade,  foreign  tug  towing  in 239 

\iolating  entry  or  clearance  pro\asions. .  233-238 

coasting  voyage,  foreign  vessel  on 239 

collisions,  failure  to  stay  by  in  cases  of 328 

violating  rules  to  prevent 345, 366, 371, 372 

Columbia  River,  failure  to  observe  formal- 
ities on  entering  or  leaving 195 

consular  services,  failure  to  surrender  state- 
ment of 164 

corporal  punishment  of  seaman 89 

cotton  shipped  in  \iolation  of  law 128 

counterfeiting  stamp  on  boiler  plate 121 

crew,  accomm.odations,  defective 27 

on  Mississippi  River  steamboats,  in- 
sufficient   28 

damaging  or  endangering,  by  master  or 

seaman 87, 88 

failure  to  explain  deficiency 119 

ill  treatment  of 435 


536 


ALPHABETICAL  INDEX. 


Page. 
Penalty,  crew  list,  failure  to  observe  laws  re- 
lating to  67 

crimping 78 

custom-house  brokers,  abuse  of  license 425 

customs  officers,  interference  with 167, 

168,201,224,225 

ofTenses  of 171, 455, 456, 457 

customs  official  in  search  or  seizure  of  ves- 
sel or  cargo,  failure  to  render  assistance 

to 168 

damaging  or  endangering  cargo,  vessel, 
passengers,  or  crew  by  master  or  sea- 
man   87, 88 

dams,  violating  act  regulating 382, 383 

death  of  passenger,  failure  to  pay  for 146 

death  resulting  from  negligence,  etc 433 

deck  room ,  failure  to  pro\ide 125 

desertion.    See  seaman. 

departure,  illegal 159,192,196 

deposit  marine  papers,  failure  to 164, 165 

detention  of  seaman's  clothing 80 

discrimination  against  American  products.      156 

disobedience  of  seaman 87 

disposition  of  proceeds  of 172 

distress.    See  vessel. 

documents,  master  proceeding  on  voyage 

without  necessary 68 

offenses  against  laws  relating  to..  52, 53, 164, 165 

drawbridge  regulations,  violating 392 

drunkenness 88 

dumping  mto  navigable  waters. .  386, 387, 389, 395 

duty,  breaches  of,  by  seaman 86-89 

effects,  failure  of  master  to  turn  over  sea- 
man's          88 

employment  of  unlicensed  officer 55 

engagement    of    seamen.      See    shipping 

articles, 
enrollment,  failure  to  exhibit 50 

See  also  trade, 
entry,  failure  of  master  to  observe  formali- 
ties relating  to. . .  178, 179, 182, 183, 184, 189, 194 

master  going  to  port  of  deUvery  before. . .      178 

See  also  coasting  trade, 
expenditures  m  excess  of  appropriations,  etc .      483 
explosives,  defective  packing  of 129-130 

illegal  transportation  of 130, 135, 144 

shipping  without  notice 109 

failure  to  join  vessel 35 

false  swearing.    See  perjury. 

fastenings  of  inspector,  interfering  with 201, 

224,225 

fees,  receiving  illegal  shipping 61 

fishing,  unlawful 265, 268, 269, 422 

flogging  seaman 3P 

food  products.  See  adulterated  products; 
live  stock. 

forecastle,  storing  goods  or  stores  in 27 

foreign  port,  failure  to  deposit  marine  pa- 
pers in 165 

violating  shipping  law  in 66 

foreign  tug  towing  in  coasting  trade 239 

foreign  vessels,  carrying  passengers  between 

American  ports 238 

coasting  voyages  by 239 

illegally  bringing  imports I57 

forgery 435 


Page. 

Penalty,  forgery  by  licensed  officer 58 

frontiers,  evasion  of  coasting  laws  on 222 

interference  with  customs  inspection  or 

seals 224, 225 

See  also  Canada;  Mexico. 
Government  officer  sharing  with  informer. .      173 
Great  Lakes,  failure  to  report,  make  entry, 
and  pay  duties  on  equipment  and  re- 
pairs of  vessels  on 226, 227, 228 

unlading  by  night  without  permit 229 

violation  of  provisions  governing  trade 

on 227, 230 

gunpowder.    See  explosives. 

harbor  defenses,  trespass  or  injury 415 

health  regulations,  violation 271-273, 

275,276,279 
home  port  of  vessel  not  properly  displayed.        20 

immigration  laws,  offenses  against 284-286, 

289,291,292,294,295 
imports.    See  merchandise, 
inflammables.    See  explosives, 
informer,  Goverimient  officer  sharing  with.      173 

inspection,  refusal  to  permit 101 

inspection  laws,  failure  of  collectors  to  en- 
force       137 

navigating    vessel    without    complying 

with 100, 137 

inspectors,   accompanying  vessel  or  mer- 
chandise, delinquencies 200, 201 

hull  or  boiler,  failure  to  comply  with  re- 
quirements of 118 

imlawful  acts  of 464 

unlav.-fully  exercising  functions  of 462 

interference  with  customs 201, 224, 225 

refusal  to  furnish  accommodations  for 201 

join  vessel,  failure  to 86 

Lake  Michigan,  dumping  refuse  in 387 

landing.    See  merchandise;  unlading. 

larceny 434 

laws,  failure  to  exhibit  on  steam  vessel. . . .      135 

libel  to  recover 172 

license,  altering 58 

employment  of  officer  without 55 

failure  to  exhibit 50, 56 

failure  to  surrender 46 

false  swearing  to  secure 44 

hfe-saving  equipment,  defective 125 

liquors,  illegal  unlading 202 

live  stock  and  food  products,  violating  in- 
terstate and  foreign  trade  regulations . .     311, 
313,314,317-321 

lodgers,  soliciting 81 

log  books ,  violating  provisions  concerning. .      107 

logs,  unlawfully  floatuig 388 

mail  service,  delays  and  irregularities 299, 

300,301,302 
manifest,  disagreement  between  cargo  and.      203 
failure  to  deliver,  at  special  port  of  de- 

hvery 192 

in  frontier  trade 223 

vessel  with  incomplete  inward 187 

violation  of  law  concerning  production, 

copies,  and  indorsements 189 

manslaughter 432 

marine  documents.    See  documents, 
mai-ine  hospital,  failure  of  officers  of  to  ren- 
der account  to  collector 94 


ALPHABETICAL  INDEX, 


537 


Page.   I 

Penalty,  marooning .". .      436 

master,  failure  to  report  change  of 30, 48 

See  also  name  or  nature  of  offense. 

mayhem 433 

measurement,  false 53 

measures  on  board,  failure  to  provide 105 

medicines  on  board,  failure  to  provide 105 

merchandise,  damaging  or  endangering 87, 88 

failure  to  deUver  permit  to  transport 194 

failure  to  render  assistance  to  Treasury 

official  in  search  or  seizure  of. 168 

failure  to  transport  bonded,  in  time  limit.      206 

fraudulent  importation  of 213 

landing,  exported  to  British  North  Amer- 
ica       208 

unlawful  removal  of  bonded 206 

unlawful  transfer  from  Alaska  or  Canada.      226 
See  also  liquors;  unlading, 
merchant  marine,  procedure  for  enforcing 

penalty  under  acts  relating  to 89 

Mexico,  landing  merchandise  exported  to..      208 

miscellaneous  offenses 435 

Mississippi  River  passes,  violating  regula- 
tions for  protection 395 

moieties  prohibited 172 

motor-boat  law,  violation 331 

murder 432 

mutiny 436 

name  of  vessel  not  properly  displayed 20 

Natchez,    departure   of  vessel  from   New 

Orleans  for,  without  customs  olhcer . . . .      192 

neutrality  laws,  violation 403, 404 

New  Orleans,  departure  of  vessel  from,  for 
Natchez  or  Vicksburg  without  cus- 
toms officer 192 

New  York  Harbor,  violating  law  for  pro- 
tection of 396-400 

oath  of  citizenship,  false 33 

oath  of  ownership,  refusal  to  make 163 

obstructing  navigation 385,386,389,391,392 

officer,  employment  of  unlicensed 55 

official    number    not    legally    carved    or 

marked 19 

opium,  unlawful  importation  or  sale 326, 327 

overloading  with  passengers 132, 138 

owner.    See  name  or  nature  of  offense. 

ownership,  refusal  to  make  oath  of 163 

Pacific  Islanders,  selling  prohibited  arti- 
cles to 415 

passenger,  failure  to  pay  for  death  of 146 

passenger  barge,  failure  to  equip 127 

passenger  vessel,  carrying  cattle  or  ex- 
plosives on 144 

overloading 132, 138 

passengers,  carrying  too  many 132, 138 

damaging  or  endangering 87, 88 

failure  to  keep  list  or  count 133 

foreign  vessel  carrying,  between  Ameri- 
can ports 238 

receiving,  on  uncertificated  steamer 135 

unlawful  transfer  from  Alaska  or  Canada.      226 

passport,  failure  to  procure 165 

perjury  by  owner,  master,  or  agent 33, 35 

petroleum,  illegal  transportation  of 130 

piracy 439-441 


Page. 

Penalty,  plundering  vessel  or  cargo 437 

Potomac  River,  dumping  in 395 

President,  violating  retaliatory  proclama- 
tions of 154, 155, 156 

Pribilof  Islands,  unlawful  presence  on 256 

procedure  for  enforcing 89,171,241 

proceeds  from,  disposition 172 

See  also  remission, 
products  of  the  United  States,  discrimina- 
tion against 15G 

prostitution,  practicing,  etc 284 

provisions,  neglect  to  provide 103 

public  works,  trespass  or  injury 415 

quarantine.    See  health  regulations. 

range  lights,  interference  with 377 

rape 433 

regatta  regulations,  violation 373 

register,  failure  to  surrender 34, 37, 38, 41 

See  also  license;  trade, 
remission.    See  remission, 
repairs.    See  Great  Lakes, 
return  of  marine  papers,  violating  law  con- 
cerning       164 

revenue  cutter,  unlawfully  carrying  ensign 

or  pennant  of 307 

revenue  law,  failure  of  collector  to  report 

violation  to  district  attorney 171 

robbery 434 

rules  of  the  road,  violating.. .  328, 345, 366, 371, 372 

safety  v.ilve,  loading 122 

Saint  Marys  Falls  Canal.    See  toll  regula- 
tions. 
Saint  Marys  River,  violating  rules  of  the 

road 372 

salmon   fishing   in   Alaska,    offenses   con- 
nected with 265, 208, 269 

saloon  stores.    See  Great  Lakes, 
sea  stores.    See  Great  Lakes. 

seal  fishing,  offenses  connected  with 258, 

2G0, 261, 263, 264 
seal  of  customs  officer,  interference  with  . . .     168, 

201,224,225 

seaman,  abandonment  of 436 

corporal  punishment  of 89 

detention  of  clothing  of 80 

failure  of  master  to  care  for  effects  of 

deceased 84 

failure  of  shipping  commissioner  to 
properly  account  for  wages  and  effects 

of  deceased '       85 

failure  to  provide  warm  room  and  cloth- 
ing for 106 

offenses  connected  with  discharge  of 72, 73 

offenses  of  (assault,  breach  of  duty, 
damaging  vessel  or  cargo,  desertion, 
disobedience,  drunkenness,  failure  to 
join,  smuggling,  wearing  sheath  knife, 

etc.) 70, 8fr-89 

refusal  of  master  to  transport  destitute...       82 
See  also  crew;  name  or  nature  of  offense, 
search  or  seizure  of  vessel  or  cargo,  failure 
to  render  assistance  to  Treasury  offi- 
cial in 168 

seduction 433 

seizure.    See  search. 


538 


ALPHABETICAL  INDEX, 


Page. 
Penalty,  shanghaiinj:^  and  other  illegal  ship- 
ments   61 

sheath  knife,  failure  of  mastnr  to  prohibit 

wearing 89 

wearing 89 

shipments  of  seamen,  illegal 61 

shipping  articles,  failure  to  post 04 

shipping  seaman  without C5,  C9 

violations  of 70, 71 

shipping  commisssioner,   unlav.ful  charge 

by 61 

shipping  fees,  receiving  illegal 01 

shipping  law,  violation  in  foreign  port GO 

slop  chest,  failure  to  provide 105 

smuggling  by  seaman 87 

smuggling  goods  in  baggage 185 

soliciting  lodgers 81 

sponge  fishing,  unlawful 422 

stamp  on  boiler  plate,  counterfeiting 121 

stay  by  in  case  of  collision,  failure  to 328 

steerage  law,  noncompliance  with 141, 

142, 143, 144, 147 

steerage  passengers,  overloading  with 138 

stolen  property,  receiving 434 

submarine  cables,  injury  to 442-444 

temporary  certificate,  failure  to  deliver  up. .  34, 35 

time  limit.    See  Merchandise. 

toll  regulations  governing  passage  through 

St.  Marys  Falls  Canal,  violation 157 

towing,  foreign  tug,  in  coasting  trade 239 

towing  regulations,  violation 100 

trade,  failure  of  master  to  surrender  reg- 
is ter  or  enrollment  on  change  of 43 

transfer  of  passengers  or  n:erchandise  from 

Alaska  or  Canada,  unlawful 226 

transportation  in  bond.     See  merchandise. 

tug,  foreign,  towing  in  coasting  trade 239 

undermanning  of  vessel 119 

United     States,     discrimination     against 

products  of 156 

unlading,  unlawful 196, 

197, 199,  200  202, 205, 222,  229 

unlicensed  officer,  employm.ent  of 55 

vessel,  departure  w-ithout  obtaining  clear- 
ance   159 

failure  to  render  assistance  to  Treasury 

official  in  search  or  seizure  of I68 

illegal  unlad  ing  of  d  is  tressed 205 

transfer   to   alien,   change   of  trade,   or 

having  forged  or  altered  license 240 

undermanning 119 

unseaworthy ,  sending  to  sea 9^ 

violation  of  boarding  regulations 145, 1C6 

See  also  damaging;  passenger  vessels. 
Vicksburg,  departure  of  vessel  from  New 

Orleans  for,  v.'ithout  customs  officer. . .  192 

wages,  failure  to  pay  seaman's,  when  due..  76 

watctm^.en  on  vessels,  failure  to  provide 127 

water,  neglect  to  provide I03 

weights  on  board,  failure  to  provide 105 

wireless  equipment,   sailing  with  insuffi- 
cient   424 

wrecks,  violating  provisions  concerning..  304,306 

yacht  engaging  in  trade 18 

See    also    Crimes;    Forfeiture;    Summary 
trials. 


Page. 

Pensions  to  licensed  officers 55 

Perico  Island,  possession  authorized 419 

Perishable  property,  disposition  of  seizures 

of 170 

Perjury,  licensed  officer 58 

to  secure  registry 33, 35 

See  also  Penalty. 

Permit  to  lade  cr  unlade  at  night 197 

Permit  to  touch  at  foreign  ports 230 

Petersburg,  Va.,  clearance  from 195 

merchandise  destined  for 192 

Petroleum,  transportation  of 128 

use  as  fuel 129 

Philippine  Commission,   ratification  of  cre- 
ation of 248 

Philippine  Islands,  administration  of  imma- 

gration  laws 296 

aid  to  nautical  schools 411 

destitute  seaman  in 82 

special  provisions  concerning 134, 248 

See  also  Insular  territory. 
Physically      defective      immigrants      pro- 
hibited    282, 286 

Piers  obstructing  navigation 384,391 

See  also  Public  works. 
Pierheads    on    northern    and    northwestern 

lakes,  marking 375 

Pilot  boat,  exempt  from  forecastle  law 27 

See  also  Lights  on  vessels. 

Pilot-house  signals 125 

Pilot  laws,  general 148 

Pilot  rules.    See  Rules  of  the  road. 

Pilotage  rates,  discrimination  forbidden 148 

Pilots,  apprentices  to  be  admitted  to  pilot 

houses  by 136 

exempt  from  militia  duty 59 

general  laws 148 

masters  or  mates  acting  as 57 

supervision  over  Hawaiian 243 

See  also  Licensed  officers;  Licenses,  officers'. 
Piracy,   crimes  deemed,   and  laws  to  sup- 
press    43i 

Pittsburg,  Pa.,  merchandise  destined  for 19 

Place  of  registry .'3 

Place  of  trial  for  Federal  offenses ^31 

Plague.    See  Health. 

Platform  cars,  imxmediate  transportation  of 

m.erchandise  on 210 

Plea,  general  issue,  by  revenue  agent 168 

Pleasure  boats.    See  Motor  boats;  Yac^ia. 
Pleuropneumonia.    See  Live  stock. 

Plundering  vessel  or  cargo 437 

Political  oHense  of  immigrant 283 

Polygamous  imm  igrant  prohibit'  d 283 

Poop,  method  of  measuring 25 

Porcupine    River,    transshipment    of    jner- 

chandise  on 238 

Pork.    See  Live  stock;  Meal  products. 

Port  Jetlcrson,  N.  Y.,  mercliandise  destined 

for 193 

vessel  may  be  documented  at 49 

Portland,  Oreg.,  clearance  from 195 

merchandise  destined  for 193 

Porto  Rico,  destitute  seaman  in 82 

establisliment  of  ports  and  subports  in 497 

manifests  in  trade  with 1(;1 


ALPHABETICAL.  INDEX. 


539 


rage. 

Porto  Rico,  special  provisions  concerning 2-45 

See  also  Insular  territory. 

Ports,  clearance  at  special 195 

definition 20, 33, 177 

entry  of  merchandise  at  special 190 

immediate  transportation 203. 211, 496 

list  of  customs 4S9 

of  delivery,  list  of 4S9 

ports  of  entry  are  also 178 

vessels  may  be  docmncnted  at 49 

of  entry,  entrance  only  at 178 

listof 489 

vessels  bound  for  ports  of  delivery  to  re- 
port first  at 178 

power  to  designate 497 

transportation  of  bonded  merchandise  to 

special 207 

See  also  Foreign  ports;  Home  port. 
Posse  comitatus,  right  of  Treasury  oiTieial  to 

call 168 

Post  entry  of  merchandise,  for  export 181 

to  inward  manifest 203 

to  outward  manifest 159 

Postal  subsidy  act 297 

Posting  notice  of  trial.    Sen  Procedure. 

Posting  of  dumping  regulations 386 

Posting  of  health  regulations 273 

Posting  of  immigration  laws  by  steamship 

companies 295 

Posting  of  passenger  act 144 

Postmaster-General,     ocean-mail     contracts 

by 297, 302 

Post-Office      Department.    See   Ocean-mail 
service. 

Potomac  River,  obstructions  in 394 

Preliminary  entry  and  unlading 197 

President  of  the  United  States,  authority  or 
direction  to,  concerning— 

adulterated  food  products 323 

Alaska,   transit  of  merchandise   in  bond 

through 256 

British  North  America,  trade  with 231 

Coast  and  Geodetic  Survey 480 

foreign  mails 302, 303 

Great  Lakes- Atlantic  Canal  Commission. . .  420 
Great  Lakes  water  levels,  commission  to 

determine 421 

hospital  ships 422 

hospitals  for  seamen 93 

Immigration  matters 282 

international  agreement  relating  to   dan- 
gers to  navigation 374 

jurisdiction  over  seamen 95 

Light-House  Service 476, 477 

live  stock  and  Its  products,  interstate  and 

foreign  trade  in 315,319 

military  schools,  aid  to 411,412 

neutrality  laws 405 

New  York  Harbor,  supervisor  of 400 

Panama  Canal 416 

Philippine  Commission 248 

Philippine  Islands 249 

tariff  for 252 

piracy  laws 439-441 

Porto  Rico 246 


Page. 
President  of  the  United  States,  etc.— Contd. 
private  property  at  sea,  exemption  from 

capture  of 422 

quarantine  matters 272, 273, 275, 277 

regattas  and  marine  parades 372 

retaliation    against    foreign    vessels    and 

products 154-158 

revenue  cutters 307 

Saint    Marys    Falls    Canal,    free    passage 

through 156 

tolls  required 157 

sealing  laws 259, 260, 261, 263 

tonnage  tax  on  foreign  vessels 151, 152 

vessels  in  distress  and  derelicts 374 

war  materials,  export  of 415 

wrecks  on  Canadian  border 305 

See  also,  for  appointing  power,   titles  of 
heads  of  bureaus,  etc. 

Prlbilof  Islands,  reservation  of 255 

seal  fisheries  of 258-270, 479 

Prince  Edv/ard  Island.    See  British  North 
America. 

Privacy  of  steerage  passengers 144 

Private  aids  to  navigation 478 

Private   property   at  sea,   exemption  from 

capture 422 

Private  signals,  registration 376 

Private  use  of  revenue  cutter 308 

Prize,  may  be  registered 15 

Procedure,  enforcement  of  fines,  penalties, 

and  forfeitures....  89,168,171,241,276,390,427 

proceedings  other  than  criminal 174 

remission  of  penalty  in  Alaska 255 

summary  trials  of  offenders 429 

violations  of  health  regulations 271, 272, 276 

Proceeds  of  fines,  etc.,  disposition 172 

Proclamation.    See  President. 
Products,  discriminations  against  American . .      156 
Professional  occupations,   admission  of  im- 
migrants with 283-284 

Propelling  power,  spaces  for,  exempt  from 

measurement 28 

Property,  penalty  for  receiving  stolen 434 

Prostitutes,  Immigration  forbidden 283, 284 

Provisions,    allowances    and    requirements 

concerning 103 

complaint  of  seaman 73 

for  steerage  passengers 142 

inspection  of 100,101,102 

legal  scale  for  seaman 92 

seaman's  right  to,  begins 75 

See  also  Adulterated  products;  Ration. 
Prussia,    reciprocal    arrangement    regarding 

tonnage  tax 151 

Public  charges,  immigration  prohibited 282, 293 

Public  Health  and  Marine-Hospital  Service, 

duties 272,276,464 

inspection  of  immigrants  by  officers  of 287, 

290, 292 

organization,  powers,  and  duties 464 

physician  to  serve  as  surveyor 101 

See  also  Health. 

Public  vessels,  auxiliary  naval  cruisers 298 

detail  to  schools  and  naval  militia 410-413 

exempt  from  entry 182 


540 


ALPHABETICAL   INDEX. 


Pa»e. 

Public  vessels,  lights  on 339, 350, 356, 362, 369 

piracy  laws,  enforcement  of,  by 439 

regattas  to  be  policed  by 372 

rules  of  the  road  on  western  rivers  appli- 
cable to 367 

sponge-fishing  laws,  enlorcement  of,  by 422 

supplies  for  foreign 413 

transportation  of  supplies  for 421 

See  also  Cables;  Revenue  cutters;     Reve- 
nue-Cutter Service. 

Public  works,  control  of  Hawaiian 243 

impairing 387. 389 

improvement  of  Philippine 252 

Porto  Rican 246, 247 

protection  of 415 

See  also  Bureau  of  Light-Houses. 

Publication,  health  regulations 273 

log-floating  regulations 388 

seizures  by  revenue  officers 169 

selection  of  quarantine  grounds 279 

Pumps,  fire 125 

Punishment.    See  Penalty. 

Pure  food.    See  Food  products. 

Qualifications.    See  Licensed  officers. 
Quarantine.    See  Health;  Live  stock. 

Quebec,  clearance  for,  on  Lake  Champlain —  195 

Quincy,  111. ,  merchandise  destined  for 191 

Radio-communication,  ocean-going  steamers  .  424 

Rafts  on  Great  Lakes 222,230 

See  also  Fog  signals;  Lights  on  vessels;  Ob- 
structions to  navigation. 

Railroad  iron,  special  entry  of 180 

Railways.    See  Transportation  lines. 

Range  lights,  interference  with 377 

Rape,  ofTense  and  punishment 433 

Raritan  Bay,  anchorage  grounds 401 

Ration,  Navy 414 

Readmeasurement  of  spaces ,  f ees 30 

Rebellion,  foreign  vessel  purchased  of  Amer- 
ican during,  can  not  be  registered 15 

Receiving  stolen  property,  offense  and  pun- 
ishment   434 

Record,  penalty  for  falsifying 52, 53 

Record  of  American-built  vessel  owned  by 

alien 50 

Record  of  mortgage  and  bill  of  sale 39 

Red  River  of  the  North  and  tributaries,  rules 

of  the  road  on 366 

Reexport,  bond  of  cargo  for 180 

Refund,  certain  Philippine  taxes 251 

tonnage  tax 153 

See  also  Remission. 

Refusals  of  officers'  licenses,  record  of 463 

Regattas  and  marine  parades,  special  rules 

for 372 

Register.    See  Certificate  of  registry;    Reg- 
istry. 

Register  of  seamen 60 

Register  tonnage.    See  Net  tonnage. 
Registered  vessel.    See  Vessel. 

Registry ,  Hawaiian  vessels 242 

law,  offenses  against 52 

seizure  for  violation  of 168 

Philippine  vessels 249 

Porto  Rican  vessels 245 


Page 

Registry,  place  of 33 

special  act  admitting  Paris  and  New  York 

to 42 

vessels  admissible  to 15,  IG 

vessels  not  requiring 17 

See  also  Certificate  of  registry;  Procedure. 

Registry  of  immigrants 296 

Remission  of  fines  and  penalties 18, 

37, 44, 153. 170, 175, 176, 228, 265, 305, 331, 373 

general  provisions 309 

procedure  in  Alaska 255 

Removal  of  bonded  merchandise,  unlawful. .  206 

Removal  of  cargo  for  quarantine  purposes.. .  277 

Removal  of  custom-house  during  epidemic. . .  278 

Removal  of  master  by  owner 58 

Renewal.  See  Certificate  of  registry;  Enroll- 
ment and  license;  Licensed  officers; 
Licenses;  Measurement  of  vessels. 

Repairs  to  vessels,  lien  on  vessel 423 

materials  for,  exempt  from  duty 218 

on  Great  Lakes,  duties 227 

Rescuing  shipwrecked  seamen,  aw^ard  for 410 

Resisting  officer,  penalty 53 

Retaliation  for  discriminations  against  Amer- 
ican vessels  and  products 154-158 

Revenue-cutters,  aid  to  vessels  in  distress 374 

detail,  maintenance,  and  duties 307 

lights  on 356, 362, 369 

See  also  Public  vessels;  Treasury. 
Revenue-Cutter  Service,  derelict-destroying 

vessel  operated  by 374 

inspection  of  life-saving  stations  by  officers 

of 470 

organization  and  functions 474 

to  enforce  navigation  rules 372 

to  enforce  seal-fisheries  law 259, 261, 269, 270 

See  also  Public  vessels. 
Revenue  laws,  appropriation  for  enforcement 

of,  expenditure  and  report  to  Congress.  172 

Ubel  to  recover  penalty  for  violation 172 

moieties  to  informers  prohibited 172 

See  also  Procedure. 
Revenue  officers.    See  Customs  officers. 

Revenues,  Philippine 249,250 

Revised  Statutes,  table  of,  included  in  this 

compilation 503 

Revocation  of  certificate  of  inspection 99, 117 

Revocation  of  license,  appeal  from 116 

custom-house  brokers 425 

offenses  justifying 56, 57, 373 

record  of 463 

Revolt.    See  Mutiny. 

Rhode  Island  coasting  trade 237 

Richmond,  Va.,  clearance  from 195 

merchandise  destined  for 192 

Rivers,  improvement  of,  by  private  person, 

corporation,  or  municipalitj' 378 

navigation  on 371 

ownership  of  vessels  on 16 

See  also  Inland  waters. 

Robbery,  offense  and  punishment 434 

See  also  Piracy. 

Round  trip,  engagement  of  seaman  for 6-1, 66 

Rules  of  the  road 328 

future  consideration  of 345 

Great  Lakes  and  St.  Lawrence  River,  of 

1805 3G0 


ALPHABETICAL   INDEX. 


541 


Page. 

Rules  of  the  road,  inland,  of  1897 345 

international,  of  1897 331 

lines  limiting  application  of  international 

and  inland 356 

Red  River  of  the  North  and  rivers  empty- 
ing into  the  Gulf  of  Mexico,  etc 366 

See  also  Cables. 

Sable  hunting  in  Alaska 263 

Safetj^  valves,  inspection 119, 120 

loading  forbidden 122 

Sailing  rules.    See  Steering  rules. 

Sailing  vessel.    See  Vessel. 

Sailor.    See  Seaman. 

aiils,  space  for  storage  of,  deducted  from  gross 

tonnage 28 

Saint  Clair  River,  rule  of  the  road  on 360, 365 

Saint  George  Island,  Alaska,  fur-seal  fisher- 
ies   255, 258-270, 479 

See  also  Alaska. 

Saint  Joseph,  Mo.,  merchandise  destined  for.  191 
Saint  Lawrence  River,  discrimination  against 

American  vessel  passing  through 156 

rules  of  the  road  on 360, 305 

transshipment  of  merchandise  on 238 

Saint  Louis,  Mo.,  merchandise  destined  for. .  191 
Saint  Marys  Falls  Canal,  diversion  of  appro- 
priation for 421 

free  passage  through,  may  be  abridged  by 

President 156 

toll    for    passengers    and    freight    carried 

through 157 

Saint  Marys  River,  navigation  rules  for.  360,365, 372 

Saint  Marys  River  and  Canal,  wrecks  on .305 

Saint  Paul  Island,  Alaska, fur-seal  fisheries. .  255, 

258-270, 479 
See  also  Alaska. 

Salaries,  light-house  keepers 477 

Superintendent,  Coast  and  Geodetic  Sur- 
vey    481 

Sale  of  property  seized  by  revenue  ofhcer 169 

See  also  Merchandise;  Seaman;  Vessel. 
Salem  County,  N.  J.,  vessels  documented  at 

Camden 49 

Salmon  fisheries  of  Alaska 264 

Saloon  stores  on  Great  Lakes  vessel 227 

Salt,  cargo  destined  "for  orders " 186 

special  entry  of 180 

time  limit  for  unlading 202 

Salvage,  of  merchandise 213 

seaman's  right  in 74 

Sanitation.    See  Health;  Public  Health  and 
Marine-Hospital  Service. 

School  ships  for  nautical  schools 410 

Schools,  military  and  nautical 410-413 

Scows,    See  Dumping;  New  York  Harbor. 

Screw  vessel,  deductions  for  propelling  power.  28 

Scientific  schools,  naval  details  to 412 

Sea,  imports  other  than  by,  prohibition  and 

exceptions 222 

Sea  and  inland  postage,  when  allowed 302 

Sea  letter,  deposit  with  consular  officer 164, 165 

oath  of  o\vnership  on  entry  of  vessel  carry- 
ing   163 

passport  to  vessel  carrying    165 

vessels  entitled  to 52 

Bea  Lion  Rock,  reservation 255 


Page. 

Sea  stores,  on  Great  Lakes  vessel 226 

rules  as  to  entry 183, 184 

Sea  wall.    See  Public  works. 

Seal,  Department,  required  on  registers 36 

Seal  agents,  Alaska,  appointment  and  dvities.      479 

Seal  fisheries,  Alaskan 255, 258-270, 479 

Seals,  customs,  on  frontier 224 

Seaman,  abandonment  of 436 

accommodations  on  vessels 26-28, 106 

agreement.    See  Shipping  articles. 

apprentice  law 62 

arbitration  of  disputes 81 

attaclunent,   wages  and  clothing  exempt 

from 79 

award  for  rescuing  shipwrecked 410 

citizenship  and  naturalization 60 

on  mail-carrying  steamers 298 

clothing,  exempt  from  attachment 79 

slop  chest  for,  required 105 

complaint,  forfeiture  for  unfounded 101, 102 

complaint  regarding  provisions,  seaworthi- 
ness, or  water 73, 103, 104 

conduct  of,  entry  in  log  book 106 

consuls  to  supervise  shipments  and  dis- 
charges abroad 65, 66, 220 

corporal  punishment  prohibited 89 

crew  list,  formalities  concerning 66 

crimes  of  and  against.    See  Penalty. 

cruelty,  complaint  of 73 

debt,  sum  recoverable  for 80 

deceased,  wages  and  effects 83-86 

deductions  from  wages 72 

definition 59,93 

desertion 80,86 

substitute  upon 65 

destitute,  sick,  or  disabled 86, 89, 90, 93 

discharge  in  foreign  trade 72-74 

consuls  to  supervise  abroad 65, 66, 220 

See  also  Discharge  of  seaman. 

disputes,  arbitration  of 81 

effects  of  deceased 83-86 

entry  of  sale  in  log  book 107 

engagement.    See  Shipping  articles. 

fees,  witness 96 

forecastle  law 26 

compensation  for  violation  of 27 

Hawaii,  enforcement  of  contract  of,  in 244 

hospitals  for 93 

ill  treatment  of 435 

injured,  substitute  for 65 

inspection  of  seaworthiness,  may  demand .  100, 102 
jurisdiction  over  American,   abroad,   and 

over  foreign,  in  American  ports 94 

liability  of 109 

lien  of 74 

log  book,  entries  in,  affecting 106, 107 

militia  duty,  exemption  from 59 

muster  on  return  to  United  States 66 

naturalization 60 

papers  of  vessels  relating  to 67 

penalties.    See  Penalty. 

period  of  engagement  of 64 

Philippmes,  shipping  in 250 

presence  on  board 61 

procedure  for  enforcing  penalty  and  for- 
feiture under  laws  relating  to  — 89 


542 


ALPHABETICAL  INDEX, 


Page. 

Seaman,  production  with  crew  list 66 

provisions.    See  Provisions. 

punisluuent,  corporal,  prohibited S9 

refusal  to  proceed  on  voyage 101 

register  of,  in  shipping  offices 60 

return  of,  from  abroad,  Alaska,  and  insular 

ports 73,75,82 

rules  concerning  papers  of  vessels  relating 

to 67 

salvage,  right  in "4 

sheath  knife,  wearing,  prohibited 89 

shipments,  by  owners,  masters,  and  con- 
signees          62 

consuls  to  supervise,  abroad 65, 66, 220 

illegal 61 

See  also  Shipping  commissioners, 
shipping  articles.    See  Shipping  articles, 
shipwrecked,  appropriation  for  rescuing. . .      410 
sick,  disabled,  and  destitute,  funds  for..  86,89,90 

general  provisions  concerning 93 

relief  and  protection 73, 75. 82 

slop  chest  required 105 

space  in  vessels 26-28. 106 

special  ofEenses  and  penalties  (desertion, 
failure  to  join,   disobedience,   assault, 

damaging  vessel,  smuggling,  etc.) 86-89 

steerage,  not  to  visit 144 

substitute  for  deserting  or  injured 65 

sum  recoverable  for  debt 80 

summary  trial  of 429 

tobacco,  blankets,  and  warm  room  for. . .  105, 106 

imseaworthiness,  complaint  of 73 

wages.    See  Wages. 

water,  complaint  against 103, 104 

witness  fees 96 

See  also  Crew;  Foreign  seaman. 

Seamanship,  instruction  in 410-413 

Search  of  vessel  by  Treasury  official 167, 168 

Alaska 259, 269 

Seaworthiness  of  vessels 98 

Secretary  of  Agriculture,  authority  or  direc- 
tion to,  concerning— 

adulterated  products,  shipments  of 322-325 

interstate  and  foreign  trade  in  live  stock 

and  food  products 311-321 

"Weather  Bureau 376 

Secretary  of  Commerce  and  Labor- 
authority     or    direction     to,     concerning 

allotment  schedule 79 

anchorage  grounds 401-402 

appendix  to  registers 30 

arrests  and  seizures  in  Alaska 257 

barges,  towing  regulations 100 

boarding  of  vessels 145,160 

boarding  officers 68 

Bureau  of  Light-Houses 474-478 

certificates  of  inspection 117 

certificates  of  registry,  blank 30 

changes  of  names  of  vessels 20 

Coast  and  Geodetic  Survey 48i 

collisions,  rules  to  prevent 347, 354, 356, 366 

crew  list G8 

crews  of  inspected  steamers 118 

documenting    vessels    at    Cold    Spring, 

Greenport ,  and  Port  Jefferson ,  N .  Y 49 

docum.enting    vessels   for   coasting   and 
fishing  trade 49 


Page. 
Secretary  of  Commerce  and  Labor— Contd. 
authority  or  direction  to,  concerning  equip- 
ment of  vessels 118 

explosive  cargoes 128 

fees  for  readmeasurements 30 

fire-fighting  apparatus 127 

foreign  documents 31 

immediate  exportation  to  foreign  ports.  238, 255 
immigration  matters. . .  282, 283, 286-288, 290-296 

inflammable  cargoes 127 

light -house  service 474-478 

lights  on  bridges,  dams,  etc 379, 382 

manifests  in  Alaskan  and  insular  trade..      161 

motor-boat  law,  enforcement 330, 331 

navigation  laws,  enforcing 425 

navigat  ion  on  Great  Lakes,  etc 366 

officers  of  inspected  steamers 118 

penalty,  remission  or  mitigation  of 18, 

37, 44, 170, 255, 305, 309, 310 

petroleum,  transportation  of 127 

Pribilof  Islands 255, 2.58-270, 479 

pure-food  law 324 

regattas  and  m.arine  parades 372 

registry  of  Porto  Rican  vessels 245 

remission  or  mitigation  of  fines,  penal- 
ties, etc 18, 

37, 44, 153, 170, 255, 305, 309, 310, 331, 373 

rules  of  the  road 347, 354, 356, 306 

Saint  Marys  Falls  Canal 157 

Saint  Marys  River,  navigation  of 372 

Seal  and  salmon  fisheries  of  Alaska 255, 

258-270, 479 

services  rendered  to  vessels 220, 484 

shipping  articles 63 

Shipping  Service 485 

sponge-fishing  laws 423 

suits 89 

tonnage  tax 19, 153 

transfer  of  cargo  from  foreign  to  domestic 

vessel 226 

wireless     equipment     on     ocean-going 

steamers 424 

yacht ,  license  or  commission  to 17, 18 

reciprocal  privileges 19 

Yukon  and  Stikine  river  trade 255 

powers  and  duties  under  organic  act 445 

Secretary  of  Uie  Navy,  authority  or  direc- 
tion to,  concerning— 
aid  to  nautical  and  military  schools,  Naval 

Militia,  etc 410-412 

assignment  of  officers  to  mail  steamers 299 

detail  of  vessels  to  remove  derelicts 374 

Hydrographic  Office 375 

ocean-mail  steamers 298 

sponge-fishing  laws 423 

Secretary  of  State,  authority  or  direction  to, 
concerning— 

citizenship  of  seamen 60 

destitute  seamen  in  foreign  ports 82 

form  of  passport 165 

International  Marine  Conference 345 

reports  by  consuls  of  services  rendered  to 

vessels  and  seamen 221 

Secretary    of   the    Treasury,    authority    or 
direction  to,  concerning — 

adulterated  food  shipments 322-325 

Albany,  N.  Y.,  extension  of  warehouse 

privileges  to 19 ' 


ALPHABETICAL  INDEX. 


543 


Page. 
Secretary  of  the  Treasury,  etc.— Contd. 

arrests  and  seizures  in  Alaska 257 

bulk  cargo,  discharge  of ISO 

cigars,  stamps  for  imported 186 

collisions  in  Light-House  Service 475 

custom-house  brokers 425, 426 

customs  officers 452-458 

customs  officers,  abol  ishing 479 

customs  seals  on  frontier,  use  of 225 

derelict  destroyer 374 

drawback  on  manufacturers'  materials 219 

express  packages 214, 215 

forms  for  vessels  on  Great  Lakes 230 

health,  public .' 271-280 

immediate  transportation  of  merchandise.  210,211 

Isthmian  Canal  bonds 418 

liens  for  freight  or  general  average 210 

life-saving  medals 409 

Life-Saving  Service 469-474 

merchandise  in  transit 206, 207, 208 

mitigation  of  penalty.    See  remission. 

navigation  rules 372 

neat-cattle  imports 319 

oaths,  designation  of   persons  to    admin- 
ister       186 

opium,  imports .327 

Philippine  shipments 251 ,  252 

Porto  Rican  fiscal  afiairs 2As 

ports  and  subports,  designation  of 497, 4C8 

preliminary  entry  and  unlading 197-199 

Public  Health  and  Marine-Hospital  Service.      4C4 

quarantine  and  bills  of  health 271-280 

quarantine  stations  for  live  stock 314 

rates  of  dockage  and  wharfage  in  Alaska 255 

reciprocal  privileges  in  trade  with  i3ritish 

North  America 231 

record  of  trade-marks 185 

remission  of  fines,  penalties,  etc 170, 

175,176,207,228,255,309 

Revenue-Cutter  Service 474 

revenue  cutters 307 

revenue  laws 170-176 

salvage  merchandise 213 

services  by  consuls  to  vessels  and  seamen. .      221 

special  agents 478 

special  registry  law  (act  May  10, 1892) 42 

sponge-fishing  laws 423 

tariS  provisions  directly  relating  to  vessels 

217-219 

tea  waste,  imports 324 

transit  of  merchandise  in  bond  through 

Alaska 256 

transit  of  merchandise  and  passengers  from 

Alaska  and  frontier  countries 226 

transportation  in  bond 206, 207, 208 

unlading  and   clearance   of   Great   Lakes 

vessels 229 

unlading  at  night 197-199 

wrecked  or  lost  vessel 304 

Secretary  of  War,  authority  or  direction  to, 
concerning— 
bridges,  dams,  improvements  or  obstruc- 
tions to  navigation,  public  works,  etc.  378-395 

Guam,  shipments  of  merchandise 426 

harbor  lines 384 

Mississippi  River  passes 395 

Porto  Rican  public  works 247 


Page. 
Secretary  of  War,  etc.— Contd. 

Pribilof  Islands 255 

supervisor  of  New  York  Harbor 400 

Securities,  transportation  of  Government 161 

Seduction,  ofiense  and  punishment 433 

Seizure  of  vessel  or  merchandise  by  Treas- 
ury officials 167, 168 

disposition  of  property  seized 168-170 

exemption  of  vessel 171 

offenses  in  Alaska..  257,259,260,261,263,268,269 
See  also  Penalty;  Piracy;  Procedure. 

Selma,  Ala., merchandise  destined  for 190 

Separation  from  crew,  entry  in  log  book 107 

Servant,  domestic,  not  contract  laborer 284 

Services    to    Government,    voluntary,    pro- 
hibited        482 

Shanghaiing,  offense  and  penalty 61 

Sheath  knife,  carrying,  prohibited 89 

Sheep.    See  Live  stock. 

Shelter  space,  measurement  exemption 25 

Ship.    See  Vessel. 

Shipbuilding,  instruction  in 412 

Shipbuilding  materials,  importation  of 217, 219 

Shipping,  Alaskan  tax  on 255 

Shipping  articles,  access  of  seamen  to 64 

coasting,  fishing,  or  near-by  foreign  trade. .      64, 

68,69,70 

foreign  trade 63 

form  of 90 

illegal  shipments 61, 65, 69 

period  of  engagement 64 

pes ti ng  of 64, 69 

Shipping  commissioners,  allotments  by 79 

appointment,  powers,  duties,  and  respon- 
sibilities       450 

arbitration  before 81 

care  of  effects  of  deceased  seamen 83-86 

compensation 485 

complaint  to,  by  crew 103 

consuls  to  act  in  foreign  ports 65 

customs  officers  to  act  in  certain  cases 61 

discharge  of  s?amen  by 72, 74 

dutic  s 60-64, 68 

fees 68,484 

owner,  master,  or  consignee  may  act 62, 72 

receiving  illegal  fees 61 

Shipwreck.    See    Lifs-Saving    Service;    Sea- 
man; Wrecks. 
Sick  seaman.    See  Seaman. 
Signal  stations.    See  Public  works. 

Signals,  registration  of  private 376 

See  also   Distress,   flood,  fog,   pilot-house, 
sound,  storm,  etc.,  signals. 

Singer  not  contract  laborer 284 

Sinking  vessel  in  Alaska 256 

Sites,    Government  jurisdiction   over  light- 
house, etc '. 477 

Size  of  vessels  in  foreign  trade 222 

requiring  license,  enrollment,  and  registry.      240 
See  also  names  of  documents. 

Skins,  importation  of  fur-seal 259 

Skilled  laborers.    See  Laborers. 

Sleeping  quarters  for  steerage  passengers 140 

Slop  chest,  requirement  concerning 105 

Smallpox.    See  Health. 
Small  vessels.    See  Fog,  etc.,  signals;  Lights 
on  vessels. 


544 


ALPHABETICAL  INDEX. 


Pago. 
Smuggling,  compensation  for  detecting...  172,173 

definition 173 

penalty  for  seaman's 87 

Solicitation  of  bribes 214 

Soliciting  lodgers 81 

Solicitor  of  the  Treasurj',  notice  to,  of  seizures.      171 

Sound  signals  for  passing  steamers 344, 355 

in  fog,  etc 340, 350, 363, 3G9 

See  also  Distress,  etc.,  signals. 
Sounds.    See  Inland  waters. 
South    and    Southwest    passes,    Mississippi 

River,  protection ; 395 

Spain,  reciprocal  arrangement  regarding  ton- 
nage tax.. ., 152 

Spanish  vessel  in  distress 205 

Spanish  vessel,  and  merchandise,  privilege 

in  Philippines : 248 

Spans,  bridge,  obstructing  navigation 390 

Spar-deck,  height  under,  how  determined 23 

Special  agents ,  Treasury 478 

Special  inward   manifest  for  Treasury   De- 
partment       179 

Special  ports.    See  Ports. 

Special  provisions  for  enrollment  and  license.        49 

Special  registry  law 42 

Speed  of  vessel,  in  fog 341,351 

Secretary  of  War  to  regulate 394 

Sponge  fishing  in  Gulf  of  Mexico  and  Florida 

Straits 422. 423 

Stairways  on  steam  vessel 125 

Stamping  on  merchandise 185 

Stamps  for  boiler  plate 120 

Staterooms  exempt  from  measurement 23 

States,  health  laws,  effect  of 276 

inducements  by,  to  immigrants 285 

inspection  laws,  effect  of 161 

offenses  punishable  by,  committed  on  ter- 
ritory ceded  to  Government 435 

pilots  on  waters  forming  boundaries  of 148 

Statute  of  limitations,  offenses  of  s:^amen 90 

Statutes,  tables  of,  included  in  this  volume.  503-513 

Steam  pressure  in  boilers 120 

Steam  registers  secured  by  inspectors 120 

Steam  vessel,  certificate  of  inspection 133 

definition  of 332, 345, 360, 367 

general  pilot  laws 148 

inspection  of 113-137 

Inspection  of  hulls  and  equipment 98-107 

licenses  of  officers  on 55 

name  to  be  marked 20 

passenger  act  of  1882 138  147 

See   also    Distress,    etc.,    signals;  Lights; 
Steering  rules;  Vessel. 
Steamboat,    accommodations,   for    crew  "  on 

Mississippi  River 28 

ownership  on  river  or  bay 16 

See  also  Vessel. 
Steamboat-Inspection  Service,  organization, 

powers,  and  duties 459 

Steamship  lines.    See  Transportation  lines. 

Steerage  passenger,  definition 138 

See  also  Immigrants. 
Steering  gear,  space  for,  exempt  from  meas- 
urement         28 

Steering  rules,  Great  Lakes  and  tributaries. .      364 
inland  waters 352 


Page 

Steeering  rules ,  international  waters 341 

western  rivers 370 

Stikine  River  trade 238, 255 

Stolen  properly,  penalty  for  receiving 434 

Storage  of  sails,  space  for,  deducted  from 

gross  tonnage 28 

Stores.    See  Cargo. 

Storm  signals,  display  of 376 

Stowaways,   officers  of  vessels  not  respon- 
sible for 65 

Submarine  cables,  protection  of *. .      442 

Subports,  authority  to  designate 497 

list  of 489 

Subsidy  act,  ocean-mail 297 

Substantial  compliance 177 

Sugar,  cargo  destined  "for  orders" 186 

manifest  in  coasting  trade 232, 233, 237 

required  on  vessels 105 

time  limit  for  unlading 202 

Summary  trials  of  offenders 429 

Summons  duces  tecum 174 

Sunken  merchandise,  recovery 218 

Sunken  vessel,  marking  and  removing 3S7, 392 

Superintendent,    Coast   and    Geodetic   Siu-- 

vey,  salary 481 

Superintendent,  Life-Saving  Service,  powers 

and  duties 469 

Supervising  Inspector-General,  complement 

of  officers  and  crew,  appeals  to 1 18 

powers  and  duties 459-464 

rules  to  prevent  collisions  established  by.  347,354 
to  approve  crew  accommodations  on  Mis- 
sissippi River  steamboats 28 

towing  regulations  for  barges  to  be  pre- 
scribed by 100 

Supervising  inspectors,  boiler  specifications 

to  be  approved  bj' 122 

collisions,  to  establish  rules  to  prevent 347, 

354,361,362,368,371 

decisions  to  be  reviewed  by ]  16 

dismantled  vessels,  may  exempt 99 

equipment  to  be  approved  by 100, 118 

lights  on  rafts,  etc.,  to  prescribe 349 

lights  on  vessels,  to  regulate 361, 362, 368 

navigation  rules  to  be  prescribed  by 366 

powers  and  duties 135, 459-464 

Supervisor  of  New  York  Harbor,  duties. . .  396-400 

Supplies  for  customs  officers 458 

Supplies  for  foreign  war  vessels 413 

Supplies  for  Steamboat-Inspection  Service. . .      463 
Supplies  of  vessels  exempt  from  customs  and 

internal-revenue  duties 218 

purchase  price  a  lien  on  vessel 423 

Surgeon-General  of  the  Public  Health  and 
Marine-Hospital  Service,  powers  and 

duties 272, 274, 276, 464 

See  also  Public  Health  and  Marine-Hospital 
Service. 

Surrender  of  license 46 

Surrender  of  register 36, 38, 39, 41 

Survey  of  coast 480 

Surveying  stations.    See  Public  works. 
Surveyors  of  customs,  appointment  of,  to  pass 

upon  seaworthiness 101, 102 

certificates  of  registry  to  be  countersigned 

by 36 


ALPHABETICAL  INDEX. 


545 


Page. 

Surveyors  of  customs,  duties 48 

falsifying  measurement 62, 53 

fees  for  services 50 

may  document  vessels  at  ports  of  delivery . .  49 
See  also  Customs  officers;  Treasury. 

Suspension  of  commerce  because  of  epidemic  275 

Suspension  of  license,  appeal  from 1 16 

offenses  justifying 5G,  57, 37:5 

record  of 403 

Swine.    See  Live  stock. 

Tariff,  Philippine 250 

provisions  directly  relating  to  vessels 217 

Taxes.    See  Duties;  Fees;  Head  tax;  Ton- 
nage tax. 

Tea,  importation  of  inferior,  prohibited 324 

importation  of  waste,  etc.,  for  use  in  manu- 
facturing   324 

Telegraph.    See  Cables. 

Temporary  certificate  of  inspection 133 

Temporary  register 34 

Texas  fever.    See  Live  stock. 

Theine,  imports  of  tea  waste  for  producing. . .  324 

Thirty  tons,  vessels  under,  not  to  engage  in 

foreign  trade 222 

Tide  gauges.    See  Public  works. 

Tiller  ropes 125 

Timber,  floating  of  loose 388 

restriction  upon  clearances  of  live-oak 102 

Time  limit  for  unlading 202 

Toba<?co  for  seamen 105 

Tolls,  passage  through  St.  Marys  Falls  Canal.  157 

Secretary  of  War  to  prescribe  bridge 379 

See  also  Fees. 

Ton,  definition  of 23 

Tonnage ,  definition  of  register 29 

gross,  how  determined 23 

net,  how  determined 26 

Tonnage  charges,  consular 153 

Tonnage  deck,  definition  of 22 

Tonnage  tax,  laws  relating  to 150-153 

penal,  foreign  vessel  in  coasting  trade 222, 223 

States  forbidden  to  levy 277 

vessels  exempt  from 18, 183 

vessels  from  Philippines 249 

yachts 18-19 

Tools  of  trade,  formalities  upon  entry 184 

Torpedoes,  protection  of. 415 

Touch  and  trade ,  permit  to  fishing  vessel 162 

Touching  at  foreign  ports 230 

Tow,  vessels  in.    See  Fog  signals;  Lights  on 
vessels. 

Towing  vessels,  inspection  of 115 

length  of  hawsers,  etc 100 

license  to  carry  extra  crew 132 

on  Great  Lakes 230 

Trade,  change  of 43, 240 

See  also  Coasting  trade;  Foreign  trade. 
Trade-marks,  merchandise  bearing  mislead- 
ing, prohibited 185 

Transfer,  imported  merchandise  for  export. .  18l 
sea  stores  and  equipment  between  vessels 

of  the  same  OAvner _  184 

Transit,  merchandise  in 207, 208 

across  New  Jersey  and  Delaware 194 

through  Alaska  and  Canada 256 

foreign  mail  through  United  States 302 

96694°— 11 35 


Page. 
Transportation,  immediate,  of  merchandise. .      209 

bonded  merchandise 206 

to  specifll  ports 207 

ports  of  immediate 209, 211, 496 

See  also  Merchandise. 
Transportation  lines,  agreement  as  to  immi- 
gration matters 282, 293 

inducements  to  immigrants  by 285 

postmg  by,  of  immigi-ation  laws,  required..      295 

tax  in  Alaska 254 

Transports,  shipments  to  Guam  on  Army . . .      426 
Transshirment  of  merchandise.  See  Merchan- 
dise. 
Treasury  Department,  boarding  and  search 

of  vessel  by  officer  of 160, 167, 168 

special  agents  of 478 

special  inward  m.anifest  for 179 

plea  of  general  issue  by  official  of 108 

proceeds  of  penalties,  etc.,  to  be  paid  into. .      172 
See  also  Custom.s  officers. 
Treaty,  bringing  of  merchandise  in  foreign 

vessels  regulated  by 157 

Trespass  upon  quarantine  grounds 275, 276, 279 

Trial,  place  of,  for  Federal  offenses 431 

summary,  of  offenders 429 

Trunk  shaft,  deduction  from  gross  tonnage . .       28 

Tuberculous  immigrants  prohibited 282, 2S0 

Tugboats,  foreign,  towing  in  coasting  trade. .      239 

inspection  of 115 

on  Great  Lakes 230 

See  also  Fog  signals;  Lights  on  vessels;  Ves- 
sels. 

Tutuila,  legislation  affecting 161, 250 

Twenty  tons,  license  to  vessel  under 16, 44 

measurement  of  vessel  under 16 

Unauthorized  services  to  Government 482 

Lender  way,  definition 332,345,300 

Undennanning 65, 118 

Set  also  Seaman. 

Underwriters,  fraud  against 436 

Undocmnented  vessels 17 

United  Kingdom,  abrogation  of  treaty  with, 

concerning  North  Atlantic  fisheries 413 

arrest  of  Americans  by  officers  of,  for  vio- 
lating seal-fisheries  law 261 

live-stock  importations 319, 320 

L'nited  States,  definition  of 293 

United  States  commissioners,  authorized 481 

United  States  vessel,  definition 15, 16, 441 

See  also  Vessel. 
Unlading.    See  Merchandise. 
Unseaworthy  vessels,  sending  to  sea 98 

"Valuable  shipment,  shipper  must  give  notice 

of. - 108 

Ventilation  for  steerage  passengers 141 

Vessel,  aid  to  distressed 374 

Alaska,  special  crimes 256 

tax  on 255 

boarding  by  Treasury  official 167 

illegal 166 

bound  to  port  of  delivery 178 

breadth  of,  how  determined 23 

Canadian,  President  may  retaliate  against.  155 

cattle,  regulation  of 311 

change  of  name  of 20, 51 


546 


ALPHABETICAL   INDEX. 


Page. 

Vessel,  change  of  trade  of  licensed 240 

citizenship  of  builders,  owners,  and  ofTicers.  15 

clearance  regulations t  159-166, 249 

collisions.    See  Collisions. 

compensation  for  carrj'ing  bullion,   coin, 

notes,  bonds,  etc 1G2 

consul's  services  to 220 

crew G5, 118 

customs  laws  directly  relating  to 1C7 

definitions.    See  Definition. 

depth  of  hold,  determination  of 23 

deposit  of  papers  with  consular  ofiicers 1C5 

discrimination    in    foreign    port    against 

American 154 

documents  of 32 

draft  of,  to  be  marked 21 

enrolled  and  licensed 15-21 

form  of  enrollment  Snd  license 44,45 

in  foreign  trade ji.)2 

entrance  regulations 159-1(:C,  178, 249 

exemptions,  from  certain  cliargcs 183 

from  entrj' 182 

from  libel  for  wages 78 

from  measurement 30 

from,  seizure  and  forfeiture 171 

fees,  schedule  of 484 

fii-e  apparatus 125 

fog  signals.    See  Fog  signals. 

foreign-built,  inspection  of ' lis 

See  also  Foreign  vessels. 

forfeited,  may  be  registered 15 

forfeiture.    See  Penalty. 

height  of,  how  determined 23 

hulls  and  equipment,  inspection  of 98 

innnigrant.    See  IvairAgvanis. 

inspector  of  customs  to  accompany 189, 

192493,200 

length  of,  how  determ  ined 22 

libel  to  recover  i:  enalty 172 

license,  expiration  of,  while  at  sea 240 

officers  on  sail 55 

licensed  officers  of 54, 118 

See  also  Licensed  officers. 

liens,  repairs,  supplies,  etc 423 

fine  for  sailing  without  wireless  equip- 
ment   424 

life-saving  equipment 123 

See  also  Life-Saving  Service, 
lights.    See  Lights  on  A-essels. 

limitations  upon,  bringing  foreign  products.  157 

live  stock,  regulation  of  transportation  in . .  311 

mail-carrying 297 

manifest  of  licensed,  in  coasting  trade. .  .^. . .  23G 

manning 54, 65, 118 

material  for  building  and  repairs  exempt 

from  duty 217-220 

measurement  of 22 

foreign 31 

medicines  to  be  provided 105 

mortgage  and  bill  of  sale  of 39 

motor  boats  for  enforcing  navigation  laws..  425 

name  of 20 

new,  may  be  moved  from  district  to  dis- 
trict under  builder's  certificate 32 

ocean-mail  service 297 

official  number 19 


Page. 

Vessel,  over  5  tons  to  be  documented 16 

penalties.    See  Penalty. 

Philippines,  entrance  and  clearance  in 249 

piracy.    See  Piracy. 

procedure  in  case  of  seizure 168, 427 

quarantine  inspection  of 274 

See  also  Healtli. 
record  of  Amerieau-built,  owned  by  alien. .        50 
registered,  in  coasting  trade 2.38 

See  also  Registry, 
remission  of  fine,  penalty,  or  forfeiture  of. . .      309 

renewal  of  license  while  at  sea 240 

repair's,  etc.,  liens  for 423 

sale  or  transfer  of 37, 3S.  39, 48 

alien  prnxhaser 37, 40 

bill  of 39 

sea  letter  and  passport  of 165 

seal  fishing  in  xVlaskan  waters 258 

seaman's  lien  for  vv-agcs 74, 76 

seai'ch  by  Treasury  official 167, 168 

Alaska 259, 269 

seaworthmess  of 98 

seizure  by  Treasury  ofllcial 167, 168 

Alaska 257 

size  of,  in  foreign  trade 222 

slop-chest  requnements 105 

Spanish,  privilege  in  Philippines 248 

speed  of,  regulation  of 394 

steam.    See  Steam  vessel. 

steerage,  inspection  of 146 

steerage  law  applies  to  certain 147 

supplies,  etc.,  liens  for 423 

tariS  provisions  directly  relat  ing  to 217 

Great  Lakes  vessel 227 

tonnage  tax 150  -153 

towing,  regulations  affecting lOO 

transfer  of  cargo  on  frontier 226 

transfer  to  alien  of  licensed 240 

under  5  tons  not  to  be  documented 16 

undermimaing Go.  110 

undocumented 17 

"United  States,"  definition 15, 16, 441 

unlading.    See  Merchandise. 

wireless  equipment 424 

Sec  also  Barges;  Cables;  Crimes;  Neutrality 
laws;  Public  vessels;  Rules  of  the  road; 
School  ships;  Steamboat-Inspection 
Service;  Steering  rules;  Transportation 
lines;  Wrecks;  Yachts. 
Vicksburg,  Miss.,  merchandise  destined  for. .      192 

Vinegar  required  on  vessels 105 

Visible,  definition  of 332, 345, 360 

Voluntary  services  to  Govermnent,  prohib- 
ited        482 

Volunteer  life-saving  crews 471 

Wages,  additional,  discharge  in  foreign  port.  102 

advances  and  allotments  of 78 

arbitration  before  shipping  commissioner. .  81 

coasting  and  near-by  foreign  trade 69 

commissions  for  disbursing  or  receiving,  pro- 
hibited   221 

compensation  of,  for  reduced  allowance  of 

provisions 104 

deceased  seaman 83-86 

entry  in  log  book 107 


ALPHABETICAL  INDEX. 


547 


Page. 

Wages,  deductions  and  payment  on  discharge .  72 

exempt  from  attaclmient 79 

forfeitiu-e,  for  failure  to  j  oin 70 

for  refusal  or  neglect  to  work,  and  during 

imprisonment .- 7G 

for  refusal  to  proceed 101 

for  unfounded  complaint 101, 102 

general  provisions  concerning 74 

licensed  officers',  during  war 55 

lien  for 74 

maximum  in  absence  of  agreement GO 

not  dependent  on  earning  of  freiglit 75 

one-half  due  payable  at  intermediate  ports.  70 

payable  in  gold 77 

payment  when  discharged  abroad 73, 74 

procedure  in  case  of  default,  forfeiture,  or 

deduction 70, 77 

right  to,  begins 75 

in  case  of  wreck 75 

rights  concerning,  can  not  be  waived 74 

rules  respecting  settlement 74 

vessel  exempt  from  libel  for 78 

when  discharged  before  commencing  voy- 
age, or  before  one  month's  earned 75 

wlien  payable 70 

when  vessel  sold  abroad 73 

See  also  Penalty. 

Walrus  Island,  reservation 255 

War,  capture  of  private  property  at  sea  dur- 
ing   422 

privileges  and  responsibilities  of  licensed 

officers  during 55 

vessels  captured  m,  may  be  registered 15 

War  materials,  export  of 415 

War  vessels.    See  Public  vessels. 

Warehouses,  Alaskan  tax  on 255 

for  quarantined  cargo 277 

See  also  Bonded  warehouses. 
Wares.    See  Merchandise. 

Warm  room  for  seamen 103 

Warrants,  issued  by  commissioners 4S2 

Washington  (State),  establishment  of  sub- 
ports  in 497 

jurisdiction  over  offenses  in  Alaska 253, 

259, 261, 203, 2u9 
Washington,  D.  C,  mcri'lian  of,  adopted  for 

astronomical  purposes 370 

Watch  oiucer.    See  Licensed  olTicers. 

Watclimen  to  guard  against  fire 127 

Water  for  crev/ 103 

Water-ballast  bottom,  measurement  of 20 


Page. 

Water-closets  for  steerage  passengers 142 

Water-tight  bulkheads 123 

Wearing  apparel.    See  Baggage. 

Weather  Bureau,  functions  of 370 

Weighers.    See  Customs  oilicers. 

"Weights  to  be  kept  on  board 105 

West  Indies,  engagement  of  seamen  in  trade 

with 03, 08 

trade  with,  domestic 80 

Western  rivers,  rules  of  the  road  on 300 

Whaling  vessel,  registry 10 

See  also  Fishing  vessels. 

"Wharves,  construction  in  Porto  Rico 217 

control  of  Hawaiian 243 

for  quarantined  cargo 277 

license  tax  in  Alaska 255 

obstructing  navigation 384 

See  also  Public  works.  "•■ 

Wheeling,  W.  Va.,  merchandise  destined  for.  101 
Whisky.    See  Liquors. 
White-slave  traffic,  o'.iense  and  punishment  283-  284 

Widow  of  life-saver,  pension 472 

Wife  of  naturalized  alien,  immigration  of . . . .  294 

Wilmington,  N.  C,  vessels  documented  at. . .  49 

Wilscott,  special  registry 242 

Wines.    See  Liquors. 

Wireless  equipment  on  ocean-going  passenger 

steamers 424 

Witness,  fees  of  seaman 90 

informer  eligible  as 174, 310 

V/ool,  cargo  destined  "for  orders" 180 

time  limit  for  unlading 202 

Wrecking,  offense  and  punislmient 437 

Wrecks,  in  Florida  waters 300 

in  foreign  waters 305 

marking  and  removing  sunken 374, 392 

plundering 437 

reciprocal  aid  to,  on  Great  La!:es 305 

report  of 304 

wages  in  case  of 75 

See  also  Life-Saving  Service. 

Yachts,  exceptions  in  favor  of. . .  05, 70, 75, 70, 77, 79 

exempt  from  entry 17 

exem pt  from  forecastle  lav/ 27 

regulation  of,  at  regattas 372 

special  provisions  affecting 17-19 

steam,  inspection  and  licensed  officers  of...  114 

tax 18 

See  also  Motor  boats. 

Yellow  fever.    See  Health. 

Yukon  River  trade 233,255 


O 


